The veteran is entitled to a higher 30 percent rating for his imbalance and dizziness, but no greater. He is not entitled to a total disability rating based on individual unemployability.
The deciding factor: The evidence shows the veteran experiences recurrent vertigo (imbalance and dizziness) with resulting stumbling and staggering, which supports a higher 30 percent rating under DC 6204. However, there is no evidence of Meniere's syndrome or other conditions that would warrant an even higher rating.
- Claimed conditions
- imbalance and dizziness, left tympanoplasty and perforated eardrum with otitis media, tinnitus, conductive hearing loss in the left ear, post-operative scar as a residual of a left wrist ganglioectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 26, 2008
- Citation
- 0810042
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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