The Board concluded that the preponderance of the evidence is against a finding that the veteran's disequilibrium was incurred in or aggravated by active military service, nor is it proximately due to or the result of a service-connected disability.
The deciding factor: The VA medical records are silent for any complaints of disequilibrium. The August 2005 VA compensation examination and dental examination did not find that the veteran's balance problems were related to his service-connected residuals of a fractured left jaw, with the examiner noting that diabetes and obesity were more likely causes.
- Claimed conditions
- disequilibrium
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2009
- Citation
- 0902238
Veterans Law Judge
Decisions by this judge: 493 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0902238.
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.
- Denied
- Partly granted
The Board granted the reinstatement of a 30% rating for cystic kidney disease, denied service connection for supraventricular tachycardia and old myocardial infarction, and denied initial ratings in excess of 10% for bilateral hearing loss and tinnitus.
- Remanded (sent back)
The Board has remanded the case due to a request for information about the qualifications of VA examiners who provided opinions in this case, and updated VA treatment records are needed.
- Granted
The Veteran's service-connected disabilities allowed him to qualify for a total disability rating based on individual unemployability (TDIU) beginning August 12, 2010. He also received special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s).
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