Vertigo & vestibular disorders decisions — 2024

The Veteran's tinnitus and vertigo are found to be related to her military service. The claims for laryngitis and sinusitis are remanded due to procedural errors.

The Veteran's service-connected benign paroxysmal positional vertigo (BPPV) was found to be manifested by occasional dizziness but no objective evidence of staggering. The Board denied an increased rating as the symptoms did not meet the criteria for a higher rating.

The Veteran's appeal for service connection for vestibular schwannoma, claimed as pituitary prolactinoma and pituitary tumor, to include as secondary to service-connected disabilities, was dismissed because the VA Form 10182 was filed prematurely.

The Veteran's claim for service connection for depression was granted with a 70% disability rating effective April 29, 2011. The appeal related to the reopening of his previously denied claim and assignment of an initial rating.

The Board denied service connection for headaches, blurry vision, vertigo, low back disability, and left lower extremity radiculopathy as there was no evidence linking these conditions to the Veteran's military service or any exposure to toxic substances.

The Veteran's headaches are granted service connection as they manifested within one year of separation from service. The issue of service connection for vertigo is remanded due to the raised claim.

The Veteran's claim for a higher rating for otitis media was granted with an effective date of June 15, 2019. The other claims related to SMC based on aid and attendance and a higher level of SMC under 38 U.S.C. §1114(p) were denied as they are not supported by the evidence.

The Board has dismissed the claim for an earlier effective date for headaches and has remanded the issue of service connection for vertigo, to include disequilibrium, as secondary to service connected tinnitus and headaches.

The Board denied the Veteran's claims for service connection due to lack of new and relevant evidence, except for her claim regarding type II diabetes mellitus which was not addressed in this decision.

The Board has decided to remand the case due to a duty-to-assist error and will schedule the Veteran for a VA examination to determine if his vertigo is related to active duty service.

The Veteran's tension headaches have been granted a 50 percent rating, the maximum available. His vertigo associated with TBI has also been granted a 30 percent rating. However, his back condition remains at 10 percent.

The Board denied service connection for sinus headaches, allergic rhinitis, rubella, gastroenteritis/GERD, and vertigo/dizziness/lightheadedness as there is no evidence of current disabilities at the time the claims were filed.,The Board remanded cases involving lung cancer (claimed as secondary to asbestos exposure, herbicide exposure and exposure to lead paint), COPD (claimed as secondary to asbestos exposure and exposure to lead paint), and sinusitis for further development.

The Board has decided to remand the case due to duty-to-assist errors and will need to obtain additional medical records, including those from a community care physical therapist and Touchstone Rehab. The examiner must determine if the Veteran's BPPV clearly pre-existed his service or was incurred during service.

The Veteran's service-connected disabilities, including chronic kidney disease and multiple other conditions, have rendered him unable to secure or follow substantially gainful employment since June 27, 2023.

The Veteran was granted an initial rating of 100 percent for Meniere's Syndrome and a separate rating for migraine headaches, which are secondary to his Meniere's syndrome.,Effective from December 9, 2024, the Veteran receives a combined rating of 100 percent for both conditions.