The Veteran's claim for an initial evaluation in excess of 30 percent for vertigo, with cerebellar gait is denied.,The effective date for the grant of service connection for vertigo, with cerebellar gait prior to January 20, 2015, is denied.,The earlier effective date for TDIU and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 prior to January 20, 2015 is remanded.,The earlier effective date for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 prior to January 20, 2015 is remanded.
The deciding factor: The Veteran's vertigo, with cerebellar gait currently receives a 30 percent evaluation and no higher.,VA did not receive the Veteran’s claim for compensation benefits for vertigo, with cerebellar gait prior to January 20, 2015.,The effective date of service connection for the Veteran's vertigo, with cerebellar gait is fixed at January 20, 2015.,VA did not receive a formal or informal claim for TDIU and Dependents' Educational Assistance prior to January 20, 2015.
- Claimed conditions
- vertigo, cerebellar gait
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 25, 2019
- Citation
- 19106094
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
- Denied
The Board denied service connection for vertigo, incontinence, and GERD due to the lack of evidence supporting current diagnoses. The claims for hematuria and hemorrhoids were remanded for further development.
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