Vertigo & vestibular disorders decisions — 2002

The Board denied an effective date earlier than September 19, 1994 for the award of a total disability rating based on individual unemployability due to service-connected disabilities. The veteran's claim was not granted as he did not retire in October 1988 but took terminal leave instead.

The Board found that the veteran's current disability manifested by vertigo was not caused or aggravated by his service-connected right otitis media. The right leg disability and ventricular tachycardia were also not caused by VA medical treatment during a hospitalization from May 25-29, 1988.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for Meniere's disease, which was previously denied in December 1987.

The veteran's service-connected cervical spine disability is rated at 60 percent, the maximum available rating under Diagnostic Code 5293 for pronounced intervertebral disc syndrome. The other conditions are not granted as service connected.

The Board denied the appellant's claims for service connection for Meniere's Disease and a total disability rating based on individual unemployability due to service-connected disabilities, finding that there was no evidence linking his Meniere's Disease to his service-connected hearing loss and tinnitus.

The veteran's appeals for service connection were withdrawn, and the claims of entitlement to an effective date prior to October 30, 1996, for post-traumatic stress disorder; and entitlement to an effective date prior to June 15, 2000, for a total rating for compensation purposes based upon individual unemployability have been denied.

The Board found that the veteran's vertigo and ataxia were not incurred in or aggravated by active duty, may not be presumed to have been incurred in or aggravated by military service, and is not proximately due to or the result of service-connected hearing loss disability.

The veteran's unauthorized medical expenses incurred on August 31, 1998 were reimbursed as the treatment was for a nonservice-connected disability associated with and aggravating her service-connected ankle disorder, there was a medical emergency such that delay would have been hazardous to life or health, and no VA facility was feasibly available.

The Board found that the veteran's posterior inferior cerebellar artery occlusion, to include vertigo, was incurred during service and granted service connection.

The veteran's current vertigo is of service origin, but his herniated lumbar disc is not.,The Board finds that the veteran's dizziness and vertigo began inservice and was related to an ENT condition. The low back disorder, however, did not manifest within one year of discharge.

The Board has determined that the veteran's service-connected disabilities render him unable to tend to basic self-care functions without regular assistance from another person, meeting the criteria for special monthly compensation based on need for aid and attendance.

The Board found that the veteran's Meniere's disease was not incurred in or aggravated by active service.

The Board denied the veteran's claims for service connection for pharyngitis, labyrinthitis (also claimed as vertigo, tinnitus and an ear disorder), dorsolumbar paravertebral myositis, and dysthymic disorder. The decision is final due to lack of new and material evidence.

The veteran is granted a separate 10 percent rating for residuals of cerebral concussion effective January 30, 1982. The adjustment disorder with anxiety and depressed mood is rated as 10 percent since November 7, 1996. The left ear injury is rated at 10 percent prior to March 20, 1996.

The Board has denied the veteran's claim for a higher initial evaluation for benign paroxysmal positional vertigo, finding that the current 10% rating is appropriate given his subjective complaints of occasional dizziness. The effective date issue was also denied as there is no evidence of entitlement to an earlier effective date.