Vertigo & vestibular disorders Board decisions

The Veteran was granted a 100-percent rating for Meniere's disease with hearing impairment and tinnitus, effective from March 23, 2020, along with an earlier effective date of the same date for eligibility to Dependents' Educational Assistance.

The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.

The Board denied service connection for all the claimed conditions as there was no evidence to support a finding that any of these conditions were incurred in or aggravated by active military service.

The Board denied service connection for hemorrhoids, irritable bowel syndrome (IBS), vertigo, rhinitis, sinusitis, and asthma as the evidence did not support a finding of a current disability or a link to active service. The claim for GERD was remanded for further development.

The Board denied the Veteran's claim for a higher evaluation for service-connected vertigo, finding that the evidence did not support an evaluation in excess of 10 percent.

The appeals for service connection for anemia, left and right foot conditions (swelling bilateral feet), prostate issues, tension headaches and head injury with short term memory loss and blurred vision, and vertigo were dismissed as the Veteran withdrew them. The claims for readjudication of tension headaches and head injury with short term memory loss and blurred vision and vertigo will be considered based on new evidence submitted.

The Board granted a 30 percent rating for vertigo and a 20 percent rating for bilateral hearing loss from August 30, 2023 to December 21, 2023, but denied a higher rating for bilateral hearing loss at any time during the appeal period.

The Board granted service connection for bilateral hearing loss and a rating of 30 percent, but no higher, for the period on appeal prior to December 6, 2023, for benign paroxysmal positional vertigo (BPPV), with a 100 percent rating from December 6, 2023.

The Board denied the veteran's claims for a compensable rating for nephrolithiasis and service connection for vertigo, chronic fatigue syndrome, right shoulder osteoarthritis, and sleep apnea.

The Board denied a rating in excess of 70 percent for PTSD with TBI, granted separate ratings of 30 percent for BPPV and migraine headaches, and denied increased ratings for other conditions. Service connection was also denied for various disabilities.

The Board remands the issues of entitlement to an initial disability rating in excess of 30 percent, prior to January 29, 2024, for service-connected Meniere's disease and tinnitus; special monthly compensation (SMC) under 38 U.S.C. § 1114(s); and a total disability rating based on individual unemployability (TDIU) prior to January 29, 2024.

The Board denied the veteran's appeals for service connection due to untimely filings.

The appeal for an earlier effective date for the grant of service connection for cervical spine disability was dismissed, and claims for increased ratings were denied.

The Veteran has withdrawn her appeal for a higher disability rating for Meniere's syndrome with benign paroxysmal positional vertigo.

The appeal was dismissed as the Veteran did not timely file a Board Appeal request with respect to the rating decision issued on July 14, 2023.

The Board granted an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.

The Board denied an increased rating for PTSD with TBI and granted service connection for vertigo as secondary to the Veteran's service-connected traumatic brain injury.

The Board denied service connection for vertigo, secondary to tinnitus and a compensable rating for the cesarean section scar. The claims for service connection for left ankle condition, right ankle status post achilles tendon repair, right shoulder condition, left shoulder condition, osteoarthritis of both hips, right wrist condition, and left wrist condition were remanded.

The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.

The Board remands the claims for service connection for a left shoulder condition and vertigo due to an inadequate VA examination.