Vertigo & vestibular disorders decisions — 2024

The Veteran's claims for service connection for hearing loss, sleep apnea, traumatic brain injury, vertigo, low back disability, left ankle and right ankle disabilities, left arm and right arm disabilities, left elbow and right elbow disabilities, left foot and right foot disabilities, left hand little finger, right hand little finger, left hand index finger, right hand index finger, left hand long finger, right hand long finger, left hand ring finger, right hand ring finger, left hand thumb, right hand thumb, left knee, right knee, left lower extremity neuropathy, and right lower extremity neuropathy have been remanded due to insufficient evidence.,The Veteran's claims for service connection for left upper extremity cold exposure, right upper extremity cold exposure, left wrist disability, and right wrist disability have also been remanded.

The Board has found a pre-decisional duty to assist error and remanded the case due to the need for an addendum opinion regarding the relationship between the Veteran's vertigo, service-connected PTSD, unspecified depressive disorder, alcohol use disorder, and migraines.

The Veteran's claim for PTSD is granted. The claims for an acquired psychiatric disorder other than PTSD and a peripheral vestibular disorder are remanded.

The Veteran's appeal is remanded for further development regarding service connection claims for various conditions, including vertigo, left and right shoulder disabilities, bilateral ankle disabilities, bilateral pes planus, and bilateral plantar fasciitis.

The Veteran's claims for service connection for tinnitus, vertigo, low back pain, and a left knee disorder are remanded due to incomplete service personnel records. The AOJ is instructed to verify the dates of service in July 1987.

The Board dismissed the Veteran's claims for earlier effective dates as they were subsumed by prior decisions, and there was no legal merit to claim of clear and unmistakable error (CUE) in the July 1969 rating decision.

The Veteran's claims for an initial compensable rating for allergic rhinitis and service connection for sinusitis are being remanded due to pre-decisional duty to assist errors.,The Veteran's claim for service connection for scoliosis is being remanded due to pre-decisional duty to assist errors, including a lack of VA examinations and incomplete records from the Wilmington VAMC and Long Beach VAMC.,The Veteran's claim for service connection for vertigo is being remanded due to pre-decisional duty to assist errors, including a lack of treatment records from the University Hospital in Birmingham and the Naval Exchange in Brooklyn. The issue is also intertwined with other issues that are currently under review.,The Veteran's claims for service connection for a personality disorder and bipolar disorder are being remanded due to pre-decisional duty to assist errors, including incomplete Social Security Administration records and lack of verification of reported in-service stressors.,,

The Board denied the veteran's appeals for increased ratings and service connection, as well as an earlier effective date for DEA benefits.

The Board has granted service connection for the Veteran's vertigo as secondary to his service-connected migraines.

The Veteran withdrew her appeals for increased ratings for Meniere's syndrome and residual scar of a status post thyroid surgery prior to September 5, 2020.

The Board has denied service connection for back, neck, left hamstrings, right hamstrings, blurry vision, and vertigo conditions as there is no current diagnosed disability that results in functional impairment of earning capacity.

The Board has restored service connection for migraine headaches and vertigo, finding that the August 2021 rating decision was not clearly and unmistakably erroneous.

The Board has dismissed the Veteran's appeals for initial disability ratings and compensable ratings related to his service-connected Meniere's disease, bilateral hearing loss, and tinnitus.

The Veteran's service-connected disabilities led to her discharge, meeting the eligibility criteria for Post-9/11 GI Bill education benefits.

The Veteran's left ear hearing loss and residuals are currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 6100. The evidence does not support a higher rating.,The Veteran's vertigo has been rated as 10 percent disabling based on occasional dizziness. There is no persuasive evidence to warrant an increased rating.

The Veteran's claim for an effective date of August 26, 2009, for the award of service connection for unspecified mental disorder due to another medical condition is granted.,Service connection for sleep apnea is denied.

The appeal for service connection of BPPV is dismissed as moot. The appeals for UI and IBS are remanded.

The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected Meniere's syndrome.

The Board has remanded the Veteran's claims for service connection for chronic fatigue syndrome, a chronic sleep disorder, vertigo, and headaches due to inadequate examination opinions and the need to obtain private treatment records.

The Board has denied the Veteran's claims for service connection for Meniere's disease, obstructive sleep apnea, and vitamin deficiency due to a lack of clinical evidence supporting these conditions during his period of active service. The claims are remanded for further development.