Vertigo & vestibular disorders decisions — 2006

The veteran's appeal is being remanded for further development and consideration at the RO level.

The Board has determined that the veteran's claimed vertigo and loss of balance are not related to service or any service-connected conditions, and thus denied his claims for service connection. His bilateral hearing loss is already assigned a maximum schedular evaluation, and therefore he cannot be granted an increased rating.

The Board has determined that the veteran does not have Meniere's disease that is related to service or his service-connected rhinitis.

The veteran's claims for higher initial evaluations and increased ratings were granted, with a noncompensable evaluation initially assigned for bilateral hearing loss from October 29, 2001, and a 40 percent evaluation thereafter. The other claims remain pending.

The Board denied service connection for vertigo and PTSD, but granted a 30% rating for PTSD. The issues of entitlement to increased ratings for PTSD and TDIU are not currently resolved.

The Board denied the veteran's claims for an increased rating for bilateral hearing loss and service connection for vertigo, finding that there was no evidence of a continuity of symptomatology post-service.

The Board has denied the veteran's claim for service connection for Meniere's syndrome, finding that there is no medical evidence of a relationship between his disorder and any incident of service including acoustic trauma from an antitank gun blast in 1945.

The Board denied service connection for hypertension, left hip disability, seizure disorder, coronary artery disease (CAD), bilateral hearing loss, and vertigo.

The Board has determined that the veteran's Meniere's syndrome had its onset during service and is related to an in-service injury, thus granting service connection for this condition.

The Board denied the veteran's claims for increased ratings for fibromyalgia, vertigo, otitis externa in the right ear, diabetes mellitus type II, primary open angle glaucoma, bilateral hearing loss, and PTSD. The appeals were all denied as there was no credible evidence linking these conditions to service.

The veteran does not have vestibular labyrinthitis that is related to his military service and the Board finds it less likely than not that his current disability is connected to disease or injury while in active military service.

The Board has remanded the claims due to outstanding medical records and the need for additional examinations.

The Board found that there was no clear and unmistakable error in the September 1988 and May 2000 rating decisions, as the veteran's service-connected tinnitus has been assigned the maximum schedular rating available for tinnitus.

The veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; he does not have an employment handicap.

The veteran's claim for an effective date earlier than June 10, 1999 for the grant of a separate 10 percent evaluation for tinnitus is denied as the change in rating criteria occurred on that date and he was already entitled to a 30 percent disability rating prior to then.