Vertigo & vestibular disorders decisions — 2023

The Veteran withdrew his appeal for an increased rating for vertigo and service connection for Meniere's syndrome, resulting in the dismissal of these claims.

The Board has remanded the claims of service connection for back disability and vertigo due to errors in previous decisions, lack of proper medical opinions, and need for further examinations.

The Veteran's tinnitus is granted as service-connected.,Service connection for cold weather injury residuals of the bilateral hands is denied.,Compensable initial ratings for right and left shin splints are denied.,Service connection for residuals of an injury to the tailbone, neck disability, left shoulder disability, back disability, right hip disability, left hip disability, right knee disability, left knee disability, right foot plantar fasciitis, insomnia, and vertigo is remanded.

The Veteran's claim for a rating in excess of 30 percent for right total knee arthroplasty with scar was denied. The Board found that the evidence did not show limitation of range of motion that would permit a higher evaluation.,Service connection for Meniere's disease, lung neoplasm with surgery and residuals, and vocal damage were all denied as there is no evidence to support these conditions being related to service.

The Veteran's migraines are granted as secondary to his service-connected tinnitus.,The Veteran's Meniere's disease is granted as secondary to his service-connected bilateral hearing loss and service-connected tinnitus.,The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD.

The Board has denied a compensable evaluation for bilateral hearing loss and remanded the service connection claim for a peripheral vestibular disorder. The case is now pending with instructions to obtain an addendum opinion regarding whether the Veteran's balance issues are secondary to his tinnitus.

The Veteran's TBI resulted in neurobehavioral symptoms that interfered with workplace and social interaction, warranting a 70% disability rating from September 27, 2017 to May 4, 2021.,For the entire appeal period, the Veteran is granted a separate 30% disability rating for vertigo.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has determined that additional development is required, including VA examinations and a review of her medical records.

The Board has remanded the claims for bilateral hearing loss, vertigo, and TDIU due to insufficient development of evidence. The Veteran's claim for a compensable disability rating for bilateral hearing loss requires an SSOC after additional VA examination reports were added to her file without issuance of a new SSOC. Her claim for service connection for vertigo needs a corrective opinion addressing whether it is aggravated by her service-connected bilateral hearing loss and if related to TERA exposure. The TDIU appeal must be remanded pending the development on other claims.

The Veteran's claims for service connection for TBI residuals, migraine headaches, PTSD with depression, and pansinusitis including headaches have been granted. The Veteran is also awarded a 50% rating for his pansinusitis condition since September 16, 2014.

The Veteran's service-connected disabilities, including perilymphatic fistula, unspecified depressive disorder, tinnitus, and Meniere's syndrome, have precluded her from securing and following substantially gainful employment prior to August 23, 2019. The Board has granted a TDIU on an extraschedular basis due to the combined effect of these disabilities.

The Veteran's claims for higher ratings on multiple service-connected conditions, including right knee disorders, PTSD, migraines, and TBI with vertigo, are being remanded due to the need for additional medical records.

The claim for service connection for Meniere's disease as secondary to service-connected otosclerosis has been granted. The claim for residuals of a left foot fracture is being remanded.

The Board has remanded the Veteran's claims for a compensable rating for bilateral hearing loss, service connection for vertigo and an acquired psychiatric disorder (including PTSD, anxiety, depression, depressive disorder with pure dysthymic syndrome and severe anxious distress), and service connection for obstructive sleep apnea due to inadequate evidence or need for further development.

The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating. The appeal for a higher rating is denied.,The Veteran's tension headaches are currently rated at 50 percent, and no higher rating is warranted under the current criteria.,The Veteran's TBI residuals with vertigo are currently rated at 10 percent. A remand is required to determine if a higher rating could be assigned based on the severity of the vertigo.