The Board denied the claims for revision of CUE in the December 2015 rating decision and granted service connection for peripheral vestibular disorder as secondary to a service-connected condition.
The deciding factor: The RO correctly applied the law at the time, and there was no undebatable error that would manifestly change the outcome of the decisions regarding the ratings for PTSD, GERD, degenerative arthritis of the cervical spine, tension headaches, and left shoulder impingement syndrome. However, the December 2015 rating decision contained clear and unmistakable error in failing to separately rate the Veteran's symptoms of TBI that included vertigo and dizziness.
- Claimed conditions
- Posttraumatic stress disorder (PTSD), Gastroesophageal reflux disease (GERD), Degenerative arthritis of the cervical spine, Tension headaches, Left shoulder impingement syndrome with bicipital tendonitis, Peripheral vestibular disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2025
- Citation
- A25020814
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