The Board denied eligibility for payment of attorney fees resulting from the grant of an increased rating to 100 percent for vertigo due to inner ear dysfunction with hearing loss and tinnitus.
The deciding factor: Eligibility for payment of attorney's fees is not established as a final decision on service connection has not been rendered, only an increase in rating based on appeal of the initial disability rating.
- Claimed conditions
- dizziness, vertigo due to inner ear dysfunction with hearing loss and tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- August 15, 2000
- Citation
- 0021604
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0021604.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
- Denied
The Veteran's dizziness condition is rated at a 10 percent disability rating under Diagnostic Code 6204, as the evidence does not show occasional staggering. The Board finds that a higher rating is not warranted.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, as there is insufficient evidence to determine if the Veteran's inner ear symptoms are related to service or any other condition.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service connection claim for dizziness and faintness. The case is being remanded to consider this new evidence.
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