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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0125126.
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.
- Partly granted
The Board granted a total disability rating due to individual unemployability (TDIU) but denied a compensable rating for bilateral sensorineural hearing loss.
- 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.
- 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.
- 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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