Vertigo & vestibular disorders decisions — 2024

The Board has decided to remand the case due to a failure to obtain a VA examination and medical opinion addressing the nature and likely etiology of the Veteran's claimed vertigo and dizziness. The examiner must provide opinions regarding whether these symptoms are related to service, or to his service-connected headaches.

The Veteran's service-connected disabilities other than right ear hearing loss, dizziness, vertigo, unsteady gait, and headaches do not preclude her from securing and maintaining substantial gainful employment.

The Board has granted service connection for tinnitus. The claims of service connection for bilateral hearing loss, heart disorder, and vertigo are remanded due to the need for additional examinations and opinions.

The Board has found that the VA did not substantially comply with its prior remand orders regarding scheduling of medical examinations for the Veteran's service connection claims. The appeals are therefore being returned to the AOJ for further development.

The Board has granted service connection for paresthesia of the left cheek, upper left extremity, sleep apnea, and vertigo as these conditions are linked to mefloquine medication used during service.

The Veteran's service-connected disabilities did not prevent him from obtaining or maintaining a substantially gainful occupation, and therefore, the claim for TDIU is denied.

The Board has decided to remand the service connection claims for left shoulder disorder, right shoulder disorder, low back disorder, hearing loss, vertigo, and hypothyroidism due to potential exposure to anti-malarial medications and toxic exposure risk activities (TERA).

The Board has denied service connection for various conditions, including hyperlipidemia, hypertension, peripheral vestibular disorder, a disability manifested by passing out, obstructive sleep apnea, migraine headaches, low back disability, psychiatric disorders, allergic rhinitis, bronchitis, and chronic obstructive pulmonary disease. The evidence does not support a finding that these conditions are related to service.

The Board has granted service connection for multiple sclerosis and its related secondary conditions, including neurogenic bladder, numbness in the upper and lower extremities, GAD, cervical myelopathy/IVDS, muscle pain and spasticity, vertigo, and fecal incontinence.,Service connection was also granted for rectal cancer pursuant to the PACT Act.

The Veteran's heart condition, supraventricular tachycardia, is currently rated at 10 percent. The Board finds no basis to grant a higher rating.,An initial disability rating of 30 percent for the Veteran's migraine headache disorder is granted.

The Veteran's migraines and vertigo are granted as service-connected, while the claim for allergic rhinitis is remanded.

The Veteran's PTSD with opioid use disorder is rated at 70 percent prior to January 10, 2020. The issue of service connection for positional vertigo is remanded.

The Veteran's peripheral vestibular disorder is currently rated at 30 percent, which is the maximum schedular rating. The appeal for a higher rating is denied as the available scheduler evaluations are adequate.

The Board has remanded the claims of service connection for a headache disability and a disability manifested by dizziness and vertigo due to new opinions being necessary as per the PACT Act. The appellant's participation in a toxic exposure risk activity is presumed, requiring medical examination and opinion regarding the relationship between his symptoms and active service.

The Board has granted service connection for headaches, Meniere's disease, and vertigo on a secondary basis to the Veteran's service-connected disabilities.

The Board has granted service connection for prostate cancer due to herbicide agent exposure during the Veteran's service in or near the Korean DMZ. The claims for kidney stones, cysts on adrenal glands, and vestibular dysfunction with vertigo, balance issues, and nausea are remanded.

The Board found that the Veteran's VA Form 9 was timely filed due to good cause for non-receipt of the January 2020 Statement of the Case, and thus accepted it as timely. The appeal is granted in part.

The Board dismissed the Veteran's claim for an earlier effective date for the award of service connection for paroxysmal vertigo, finding that the issue was final due to lack of timely Notice of Disagreement and new and material evidence.

The Board has found that there was a duty to assist error and is remanding the service connection claims for further development. The Veteran's claims must be reviewed with any available SSA records, including medical records relied upon in their disability benefits claim.

The Veteran's service-connected left ear hearing loss, tinnitus, and vertigo are granted a 100% rating effective April 9, 2013.