Vertigo & vestibular disorders decisions — 2024

The Veteran's service connection claims for left ear hearing loss, bi-polar disorder, Meniere's disease (MD), vertigo, right ear hearing loss, and right ear tinnitus are all remanded due to the need for additional medical examination. The Board will consider these issues in light of any new evidence obtained.

The Board found clear and unmistakable error (CUE) in the August 2013 rating decision that assigned a separate 10 percent evaluation for tinnitus, as it was already included in the 60 percent evaluation for Meniere's syndrome. The Board determined that severance of service connection for tinnitus is proper.

The Board has determined that additional examinations are needed to address the Veteran's claims for service connection due to deficiencies in previous examination reports and failure to evaluate certain disorders.

The Veteran's TDIU is based on a single disability (vertigo) and his ischemic heart disease, which was rated at 60 percent disabling prior to December 27, 2022. Therefore, the criteria for SMC housebound benefits are met and granted effective December 29, 2014.

The Veteran's claim for an increased rating for vertigo/loss balance issue/dizziness has been granted. The claims of service connection for migraines and TDIU have been remanded due to the need for additional evidence.

The Board has granted a separate 10 percent rating for the Veteran's service-connected vertigo, associated with her service-connected TBI. The condition manifests as occasional dizziness without staggering.

The Veteran withdrew his appeals for tinnitus and vertigo, resulting in the dismissal of these claims.

The Veteran's migraine headaches are granted service connection as they had their onset in service and have continued since then.,Service connection is also granted for the disability manifested by dizziness, lightheadedness, and gait imbalance (claimed as vertigo), which is related to his exposure to improvised explosive device (IED) blasts during service.

The Board has remanded the case due to the need for additional development, including obtaining private treatment records and providing a nexus opinion regarding the Veteran's vertigo condition.

The Veteran's claims for service connection and increased ratings have been denied. The Board found that the evidence did not support a finding of in-service injury or disease related to the left shoulder, PTSD, or TBI.,For PTSD, the Board determined that there was no occupational and social impairment with deficiencies in most areas prior to May 10, 2019.

The Board has granted service connection for the Veteran's claimed low back condition, cervical spine condition, right knee condition, left shoulder condition, bilateral ankle conditions, and obstructive sleep apnea. The Board also found that these conditions are at least as likely as not related to service.

The Veteran's effective dates for Dependents Educational Assistance (DEA) and special monthly compensation (SMC) based on housebound status are denied as they do not meet the criteria set forth in the applicable regulations.

The Board has granted service connection for Meniere's disease, finding that the Veteran's symptoms began during his active service and have persisted since then.

The Veteran's tinnitus is granted as service-connected. The issues of service connection for skin condition, bilateral hearing loss, and liver condition are remanded for further development.

The Veteran's Meniere's disease and migraines are found to have begun during service, with the Board finding that the evidence supports a finding of in-service onset. Service connection is granted for these conditions.,The Veteran's other specified trauma and stressor related disorder is found to be related to service, specifically his experiences as part of the field medical training battalion where he was subjected to hazing and abuse. Service connection is granted for this condition.

The Board has denied the Veteran's claims for service connection for benign paroxysmal positional vertigo (BPPV), including as secondary to his service-connected bilateral hearing loss and/or tinnitus, due to a lack of evidence linking BPPV to active service or to his service-connected conditions.

The Board has denied the Veteran's claims for service connection for peripheral vestibular disorder and headache disability, both claimed as secondary to service-connected conditions. The evidence did not support a finding that these disabilities were directly related to or aggravated by the service-connected tinnitus and adjustment disorder.

The Veteran's acneiform cystic acne and benign paroxysmal positional vertigo have been granted service connection. The remaining issues are remanded for further development.

The Board has remanded the Veteran's claims for further development due to conflicting medical opinions regarding his Meniere's Disease and TDIU prior to October 27, 2020.

The Board has remanded the cases due to new evidence being associated with the claims file after the initial transfer of records. The Veteran was not provided an opportunity to waive AOJ review, and additional treatment records were added without consideration in the December 2023 Supplemental Statement of the Case (SSOC).