The veteran's claim for a higher evaluation of his service-connected labyrinthitis, currently rated as 30 percent disabling, to include an extraschedular evaluation under 38 C.F.R. § 3.321(b)(1), is denied because he already has a compensable rating for the disability and there is no legal basis for a separate compensable rating for irritability of the labyrinth.
The deciding factor: The veteran's service-connected labyrinthitis, currently rated as 30 percent disabling, and his irritability of the labyrinth have exactly the same manifestations. Therefore, he cannot be granted a separate compensable rating for irritability of the labyrinth.
- Claimed conditions
- Labyrinthitis, Irritability of the labyrinth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 23, 2001
- Citation
- 0125126
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. Search VA.gov for the original decision (opens in a new tab) using citation 0125126.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted a total disability rating due to individual unemployability (TDIU) but denied a compensable rating for bilateral sensorineural hearing loss.
- Whole decision: Denied
The Veteran's requests for higher ratings for labyrinthitis and right ear hearing loss were denied as the evidence did not support a rating in excess of the current assigned disability ratings.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for labyrinthitis, finding that there was no evidence to support a link between his current condition and his military service.
- Whole decision: Denied
The Veteran's service-connected disabilities did not meet the schedular criteria for a TDIU prior to March 13, 2009. The Board found that his education and work experience were sufficient to allow him to maintain substantially gainful employment.
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