Vertigo & vestibular disorders decisions — 2023

The Board has remanded several issues for further development, including service connection claims and an increased rating claim. The Veteran's right shoulder disability is granted with a 20% evaluation effective May 22, 2017.

The Veteran's claims for increased ratings and service connection were remanded due to duty-to-assist errors. The right eye disability claim is pending, while the other issues are on hold until further examination can be conducted.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to March 9, 2021.

The Board has remanded several issues related to the Veteran's service connection claims, including skin cancer on the left side of his face, erectile dysfunction (ED), vertigo, non-Hodgkin's lymphoma, a lower back condition, and an overactive bladder. The claims are being remanded for additional development, including VA examinations.

The Veteran's vertigo was granted service connection as it is presumed to have been incurred in active duty. The issues of service connection for obstructive sleep apnea, nausea (secondary to hypertension), headache disorder (secondary to hypertension), and lack of focus (secondary to obstructive sleep apnea) are remanded.

The Veteran's appeal was denied for increased ratings and service connection claims. The hearing loss rating is denied, the peripheral vestibular disorder rating remains at 10 percent, and the MDD and TBI residuals are rated at 50 percent. Service connection requests for carpal tunnel syndrome, upper extremity neuropathy, and lower extremity neuropathy were also not granted.

The Board has remanded the claims for service connection for migraine headaches and vertigo (previously claimed as dizzy spells) due to new evidence received since the November 1994 rating decision. The Veteran is seeking service connection for these conditions, which he contends are related to his military service.

The Veteran's claims for service connection for an acquired psychiatric disorder, a bilateral eye condition, and vertigo have been denied. The Board found that the evidence did not support preexistence or aggravation of any psychiatric disorders during service, and there was no current diagnosis of schizoaffective disorder in his records.

Your TDIU claim is dismissed because you are already receiving a 100% rating for bipolar disorder and SMC based on housebound status.

The Veteran's service-connected vertigo is granted, while his right ankle sprain with fracture of the lateral process of the right talus remains at a 10 percent disability rating.

The Board has remanded the issues of service connection for hearing loss, left ankle collateral ligament sprain, left lower extremity sciatic nerve pain, left shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, myopia and retinal hole lattice degeneration (claimed as bilateral eye retina problems, thinning, and vision decrease), right ankle lateral collateral ligament sprain, right knee strain, right lower extremity sciatic nerve pain, right shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, a severe stomach and colon condition, fibromyalgia, steatohepatitis, vertigo and balance issues, and flat feet; and entitlement to increased evaluations for lumbosacral strain, GERD, left knee strain, restrictive lung disease, allergic rhinitis, PB, a skin rash, and tension headaches. The Veteran was also remanded for VA examinations to assess the current severity of his service-connected adjustment disorder with mixed anxiety and depressed mood and tinnitus.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and referral to the VA Compensation Service Director for consideration of an extraschedular TDIU rating is not warranted.

The Board denied the Veteran's claims for service connection for vertigo and tinnitus, finding no current disability or causal link to military service. The claim for acquired psychiatric disorder was not reopened due to lack of new and relevant evidence.

The Veteran's claims of service connection for tinnitus, an acquired psychiatric disability to include depression, and vertigo have all been denied. The Board found that the evidence did not establish a nexus between these conditions and service.,Specifically, the VA examiner determined that the Veteran's tinnitus was not related to his in-service noise exposure, as it is inconsistent with noise-induced tinnitus.

The Board has granted a TDIU as of April 12, 2021, due to the Veteran's service-connected vertigo, hearing loss, and tinnitus which render him unable to secure or maintain substantially gainful employment.