Vertigo & vestibular disorders decisions — 2009

The Board found that the Veteran's claimed right ear hearing loss, dizziness, balance impairment, and vertigo were not caused or aggravated by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing hospital care, medical or surgical treatment, nor was such the result of an event not reasonably foreseeable. Therefore, the claim for compensation under 38 U.S.C. § 1151 has been denied.

The Veteran is granted service connection for anemia, iron deficient and a noncompensable initial rating for chronic intermittent vertigo. The Veteran's claim for higher ratings remains pending.

The Veteran's claims for increased ratings and an effective date prior to April 2, 2007 for a separate evaluation of the right cheek skin graft scar were denied. The Board found that the evidence did not meet the criteria for higher evaluations or earlier effective dates.

The Veteran's vertigo was not incurred in or aggravated by his active duty service. The Board finds that a preponderance of the evidence is against the claim.

The Board has granted service connection for a back disorder and Meniere's Syndrome, both found to be related to the Veteran's service-connected bilateral pes planus and noise exposure during active duty. The TDIU claim is remanded for further development.

The Board has remanded the case due to the need for additional medical opinions and treatment records, particularly regarding the Veteran's complaints of dizziness and whether they are related to his service-connected tinnitus or Meniere's disease.

The Board has determined that the Veteran's tinnitus and vertigo are related to his active duty service, granting service connection for both conditions.

The Board found no medical evidence linking the Veteran's Meniere's disease to his service, and thus denied the claim.

The Board denied the application to reopen the claim of service connection for an acquired psychiatric disorder and denied service connection for Mônière's syndrome with vertigo as well as reopened the claim of entitlement to service connection for sinusitis and sinus headaches. The appeal is now in remand status due to the pending decision on the claim of service connection for sinusitis and sinus headaches.

The Board denied service connection for vertigo and an inner ear disorder, as well as the reopening of claims for bilateral hearing loss and a right shoulder disability due to lack of evidence linking these conditions to service.

The Board denied the Veteran's claims for service connection for skin disability of nails, shingles, chronic upper respiratory infection disability (claimed as seasonal allergies), and bilateral wrist disability. The Board found that there is no current diagnosis of a chronic disability manifested by dizziness/motion sickness or vertigo, and thus denied these claims.

The Board denied the Veteran's claims for service connection for hypertension, vertigo, and Meniere's disease, finding that there was no direct evidence linking these conditions to her military service.

The Board has determined that the Veteran's service-connected vertigo warrants a 30 percent disability rating, considering his symptoms of recurrent episodes of dizziness and occasional staggering.

The Board has granted a higher initial 10 percent rating for the Veteran's hypertension, effective from May 23, 2002. The claim for service connection for vertigo (dizziness) is remanded to the RO.

The Board has granted service connection for Meniere's disease and awarded an effective date of December 4, 2003 for the grant of service connection.