Vertigo & vestibular disorders Board decisions

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his PTSD and vestibular condition.,VA has granted the Veteran an effective date prior to September 16, 2022, for the 100 percent rating assigned for PTSD.

The Board found that the grants of service connection for TBI to include PTSD and vertigo, as well as post traumatic headaches (migraines), were clearly and unmistakably erroneous due to the Veteran's willful misconduct during military service. The appeal is denied.

The Board has remanded the Veteran's claims for special monthly compensation based on aid and attendance and housebound status due to insufficient evidence regarding his need for regular aid and assistance. The case will be returned to the AOJ for further development.

The Veteran's vertigo is being remanded for a new VA examination to determine if it is at least as likely as not that the condition would have been less severe but for her service-connected tinnitus, and whether it is at least as likely as not aggravated by her service-connected tinnitus.

The Veteran's current diagnoses of right ankle, knee, hip, back, skeletal arthritis, bilateral eye condition, vertigo, headaches, peripheral neuropathy of the upper and lower extremities do not meet the criteria for service connection.,Service connection is denied for all claimed conditions.

The Veteran's initial claim for an increased rating of peripheral vestibular disorder from September 1, 2020 to August 19, 2021 was granted. The appeal for a higher evaluation beyond this period and service connection for left elbow pain were denied.

The Board has granted effective dates of August 13, 2014 for service connection for vestibular disorder vertigo, chronic fatigue syndrome, frequent infections, nausea, and shortness of breath associated with service-connected myelodysplastic syndrome.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and consideration of outstanding service treatment records.

The Veteran seeks an effective date earlier than December 18, 2017 for the assignment of a 30 percent rating for GERD. The Board finds that it was not factually ascertainable that the Veteran's GERD disability increased in severity prior to the filing of his Intent to File form on December 18, 2017.,The AOJ erred by applying the wrong legal standard when considering the claim for service connection for bilateral hearing loss. The claim should be readjudicated with new and relevant evidence.

The Board granted service connection for benign paroxysmal positional vertigo (vertigo) as secondary to the Veteran's service-connected hearing loss, effective from August 3, 2020.

The Veteran's service-connected disabilities render her in need of the regular aid and attendance of another person, with all reasonable doubt resolved in her favor.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to inadequate medical opinions and the need for an extraschedular TDIU determination. The AOJ should refer the case to the Director of Compensation Services for consideration of an extraschedular TDIU.

The Board has denied service connection for Meniere's disease and remanded the claim for prostate cancer due to insufficient evidence of a nexus between the conditions and service.

The Board has decided to remand the claim of service connection for Meniere's syndrome due to potential errors in the pre-decisional duty to assist.

The Board has remanded the case due to concerns about the credibility of the Veteran's statements regarding when his Meniere's syndrome began during service. The Veteran will be given an opportunity to provide evidence supporting his claims and a new VA examination will be scheduled.

The Board denied the Veteran's claim for an effective date prior to April 18, 2019, for the grant of service connection for Meniere's syndrome.

The Board denied a disability rating higher than 30 percent for vertigo, as the Veteran's current symptoms do not warrant a higher evaluation under the applicable diagnostic criteria.

The Veteran's service-connected disabilities, including bilateral hearing loss, degenerative arthritis and intervertebral disc syndrome of the lumbar spine, left ankle deltoid ligament sprain, benign paroxysmal positional vertigo, bilateral otitis externa, eczema, right and left lower extremity radiculopathy, right ankle lateral collateral ligament sprain with osteoarthritis, tinnitus, left varicocele, and cystitis, render him unable to secure or follow substantially gainful employment.

The Board granted a separate 10 percent rating for peripheral vestibular disorder and denied an increased rating in excess of 10 percent for tinnitus. The Board also remanded the issue of service connection for posttraumatic stress disorder (PTSD) due to insufficient evidence.

The Board granted a total disability rating based on individual unemployability and service connection for brain tumor, diagnosed as vestibular schwannoma/acoustic neuroma.