Vertigo & vestibular disorders decisions — 2024

The Veteran's request for an extension of the period for filing a VA Form 10182 as to the March 2021 decision on service connection issues is dismissed because the appeal has already been pending and docketed at the Board.

The Veteran's claim for an earlier effective date for service connection for vertigo was denied. The Board granted a 30 percent initial disability rating for her vertigo, but denied entitlement to a higher initial disability rating or a compensable initial disability rating for migraines.

The Board has remanded the claims for service connection for hyperparathyroidism, insomnia, fibromyalgia, chronic kidney disease (CKD), and dizziness/vertigo due to inadequate rationale in the VA examination report. The Veteran's exposure to trichloroethylene during military service is recognized.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and vertigo. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has granted service connection for BPPV, finding that the evidence is at least evenly balanced as to whether the Veteran's BPPV is related to her in-service acoustic noise exposure. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's claim for a 50 percent rating for PTSD and TBI with vertigo was granted, effective from August 27, 2020. The Board found that the earlier effective date is warranted based on the date of receipt of the claim.

The Board has denied a higher rating for hypertension and remanded the issue of service connection for vertigo as secondary to hypertension.

The Board denied the Veteran's claims for service connection for BPPV, bilateral upper extremity pain of motion and flexion due to arthritic hands, and bilateral lower extremity pain of motion and flexion due to arthritic feet. The evidence did not support a finding that these conditions were related to active service or any other relevant factor.

The Veteran's claims for service connection for obstructive sleep apnea and vertigo are remanded due to the need for additional medical examinations, including a VA examination pursuant to the PACT Act. The Veteran is presumed to have been exposed to herbicide agents during his participation in a Toxic Exposure Risk Activity (TERA).

The Veteran's claims for right leg nerve damage, TBI, migraines, and postural dizziness are being remanded due to pre-decisional duty to assist errors.,Specifically, the VA examinations and opinions need to be corrected to address the nature of the disabilities and their relationship to service.

The Board has decided that the Veteran's vertigo is secondary to his service-connected hearing loss and tinnitus, but an addendum medical opinion is needed to address this issue.

The Board has granted a rating of 30 percent for vertigo, effective February 20, 2020. The appeal regarding an earlier effective date was denied.

The Veteran's tinnitus is granted service connection. The Board finds it was a pre-decisional duty to assist error not to clearly identify the Veteran's periods of ACDUTRA and INACDUTRA, and remands for further action on dizziness (vertigo), gastrointestinal disorder, sleep apnea, back disorder, right shoulder disorder, right-hand disorder, left-hand disorder, headaches, and neck disorder.

The Board remands the claims for service connection for bilateral hearing loss and dizziness/vertigo to correct duty-to-assist errors.

The Veteran withdrew her appeals for increased ratings and service connection, thus the claims are dismissed.