Vertigo & vestibular disorders Board decisions

The Veteran's acute intermittent tension headaches are not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, so an initial disability rating in excess of 30 percent is denied. The evidence is in equipoise as to whether the Veteran has benign paroxysmal positional vertigo as a residual of TBI, resulting in an initial separate 10 percent disability rating for this condition effective August 15, 2018. An initial separate 70 percent disability rating for TBI based on apraxia is granted since August 15, 2018.

The Board has remanded the Veteran's claims for service connection for chest pains and dizziness, to include vertigo and/or Meniere's disease. The claims are being returned due to inadequate medical opinions regarding the nature of the Veteran's in-service exposures.

The Veteran's claim for an increased rating in excess of 30 percent for peripheral vestibular disorder is denied, and his claim for an effective date prior to December 20, 2019 for the grant of service connection for peripheral vestibular disorder is also denied.

The Board denied service connection for bilateral tinnitus, finding that the Veteran's current diagnosis of tinnitus was not shown as chronic in service or within a presumptive period. The Board also found no causal relationship between the current disability and an in-service injury or disease.

The Veteran's appeal for a disability rating in excess of 10 percent for right ear cholesteatoma and an initial compensable disability rating for right ear chronic otitis media has been dismissed.,The Veteran's peripheral vestibular disorder is granted with a 30 percent disability rating, but no higher.

The Board found that the Veteran does not require personal care services for a minimum of six continuous months due to his independence in performing activities of daily living and managing his health.

The Board has denied service connection for a bilateral hearing loss disability due to the absence of evidence showing a current disability. The claims for erectile dysfunction, vertigo, GERD, and IBS are remanded as there is insufficient evidence to determine their etiology.

The Board has remanded the claims for service connection for chronic fatigue, erectile dysfunction (also claimed as loss of sex drive), vertigo (also claimed as lightheadedness and dizziness), back pain, neck pain, right shoulder pain, left shoulder pain, right hip pain, left hip pain, right knee pain, and left knee pain due to insufficient medical evidence in the file.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding the service connection for labyrinthitis (dizziness/vertigo). The appellant's claim will be returned to the AOJ for further review and an addendum medical opinion.

The Veteran's claims for service connection for vertigo and an initial compensable evaluation for migraine headaches are being remanded due to duty-to-assist errors that occurred prior to the rating decision on appeal.

The Board has granted service connection for lower back, bilateral hip, and bilateral foot disabilities. The claim for vertigo is remanded.,Service connection was established for the Veteran's lower back, bilateral hip, and bilateral foot disabilities based on direct evidence of their onset during or shortly after service.

The Veteran's claims for service connection for left wrist disability, right wrist disability, low back disability, vertigo, left lower extremity peripheral neuropathy, and right lower extremity peripheral neuropathy are dismissed because the Veteran did not timely file a notice of disagreement. The claim for dental caps is denied as there is no current evidence of a dental disability.

The Board has remanded the Veteran's claims for service connection for hypothyroidism and vertigo due to a pre-decisional duty to assist error. The AOJ is required to verify the Veteran's periods of active-duty, ACDUTRA, and INACDUTRA service before issuing a decision on these claims.

The Board has remanded the Veteran's claim for entitlement to a TDIU due to incomplete development, specifically the need for a vocational opinion assessing the impact of his service-connected disabilities on his employability.

The Board has decided to remand the Veteran's claims for vertigo, bilateral hearing loss, and GERD as there were errors in obtaining medical opinions related to these conditions.

The Veteran's claim for a compensable rating for pseudofolliculitis barbae with scarring prior to February 7, 2025 is denied. The evidence does not meet the criteria for a compensable rating under the applicable VA rating schedule.,Service connection for diabetes mellitus, kidney failure and urinary frequency, bilateral lower extremity peripheral neuropathy, obstructive sleep apnea, and vertigo are all denied. There is no credible evidence linking these conditions to service or any presumptive exposure basis.

The Veteran's TDIU claim is being remanded due to errors in the pre-decisional file, including a lack of earnings statements from SSA and missing vocational rehabilitation records. The AOJ will need to correct these issues before making a final determination.

The Veteran's claim for service connection for high cholesterol is denied as it does not meet the criteria for a disability under VA regulations.,Service connection for bilateral hearing loss is also denied because the evidence does not show the presence of a current disability that meets the definition of a hearing loss disability under VA regulations.,The Veteran's vertigo has been granted service connection, with the Board finding it plausible that his symptoms began during service and have continued since then.,Service connection for allergic rhinitis is granted but an increased rating beyond 10 percent is denied as there are no polyps present. The current disability more nearly approximates a 10 percent rating based on hypertrophy of the nasal turbinates.,The Veteran's claim for higher ratings for tendonitis of the right and left wrists remains denied, with the Board finding that the evidence does not support ankylosis or loss of use of the hands.,The Veteran's claim for higher ratings for tendonitis of the right and left wrists remains denied, with the Board finding that the evidence does not support ankylosis or loss of use of the hands.

The Board has remanded the case due to errors in obtaining relevant private treatment records and conducting a VA examination for BPPV. The Veteran's BPPV needs to be evaluated to determine if it is caused by or worsened by his service-connected bilateral hearing loss.

The Board found that the evidence did not support an earlier effective date for a 100 percent rating for Meniere's disease prior to January 29, 2024.