Vertigo & vestibular disorders decisions — 2009

The Veteran's claimed vertigo is not due to or the result of his service-connected residuals of a perforated left tympanic membrane, and therefore, service connection for this condition is denied.

The Board found that the Veteran's positional vertigo was not incurred in active service and could not be caused or aggravated by his service-connected bilateral hearing loss.

The Board has remanded the case due to unclear information regarding the gross amount of retired pay and the net retired pay after any Federal income tax was withheld.

The Board finds that the Veteran does not have a current diagnosis of Meniere's disease and thus, service connection for this condition is denied.

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests. As the effects of an employability impairment have been overcome, he does not have an employment handicap.

The Veteran's Meniere's Disease is manifested by right ear hearing impairment and more than one attack of vertigo weekly, but the attacks are not accompanied by episodes of cerebellar gait. The criteria for assignment of an evaluation in excess of 60 percent for Meniere's Disease are not met.

The Veteran's claim for an initial compensable rating for his service-connected perforated tympanic membrane of the left ear was denied. The Board found that he is not entitled to a higher (compensable) rating under the schedular criteria.

The Veteran's service-connected Meniere's syndrome is manifested by constant right ear tinnitus, the inability to work, episodes of vertigo 1 to 4 times daily, total hearing loss of the right ear, nausea, an unsteady gait, and episodes of falling several times a month. The Board has determined that these symptoms more closely approximate the criteria for a total evaluation of 100 percent under Diagnostic Code 6205.

The Board has determined that further development of the Veteran's claims, including obtaining his service records and conducting medical examinations, is necessary to properly adjudicate these issues.

The Veteran's peripheral vestibular disorder has not shown objective findings or independent corroboration of dizziness and occasional staggering, which are required for a higher disability rating.

The Veteran's right carpal tunnel syndrome/ulnar neuropathy, Meniere's syndrome/vertigo, and hypertensive vascular disease were not incurred in or aggravated by his active service.

The Veteran is seeking a permanent 100% disability rating for Meniere's Syndrome. The RO/AMC has been instructed to schedule the Veteran for an appropriate VA examination by a neuro-otologist and obtain medical opinion regarding the permanence of her service-connected condition.

The Board denied service connection for flat feet and Meniere's disease, and found that new and material evidence had not been submitted to reopen the claims for PTSD and tinnitus.

The Board denied the Veteran's claims for service connection for sleep apnea, vertigo, adenocarcinoma of the prostate, and erectile dysfunction. The Board found that there was no evidence to support a finding that these conditions were related to his military service or exposure to herbicide agents.

The Board found no evidence to support a relationship between the Veteran's Meniere's syndrome and tinnitus with his military service, thus denying these claims.