Vertigo & vestibular disorders decisions — 2006

The Board has granted the reduction of the veteran's disability rating for bilateral hearing loss from 30% to 20%, effective October 1, 2004.

The Board denied the veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for Meniere's syndrome. The veteran's hearing loss was rated as level I in the right ear and level VI in the left ear, resulting in a noncompensable rating.

The Board denied the veteran's claims for service connection for vertigo and chronic allergic rhinitis, finding that there was no medical nexus between his current conditions and his military service. The claim for an increased rating for generalized anxiety disorder was also denied.

The veteran's claim for a higher rating for Meniere's syndrome with hearing loss, vertigo, and tinnitus prior to June 16, 2003 was granted. The effective date of the grant of Dependents' Educational Assistance under Chapter 35, Title 38, United States Code, was also set at May 5, 2004.

The veteran's appeal is being remanded for additional development, including obtaining relevant VA treatment records and Social Security Administration (SSA) disability benefits information. The RO must also schedule the veteran for VA ear and audiology examinations to determine the current severity of his service-connected Meniere's disease with hearing loss.

The veteran's vertigo is rated at 30 percent, the maximum available under Diagnostic Code 6204. The rating decision grants an increased rating for vertigo.

The Board has determined that the veteran's current bilateral hearing loss, tinnitus and vertigo are not the result of a disease or injury during service.

The Board denied the veteran's claims for service connection for benign positional vertigo, an increased evaluation for post-traumatic stress disorder, and a compensable evaluation for bilateral hearing loss. The veteran's symptoms of dizziness were attributed to benign positional vertigo, which was not shown to be related to his military service. His PTSD was found to warrant a 50% rating, but the hearing loss did not meet the criteria for an increased rating.

The Board denied the veteran's claim for a rating in excess of 10 percent for residuals of a shell fragment wound to the scalp, including headaches, dizziness, and vertigo.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for bilateral sensorineural hearing loss disability with vertigo, resulting in a denial of the application.

The veteran's appeal is being remanded to the RO for additional development, including obtaining updated medical records and scheduling a VA examination. The veteran also needs to be provided with VCAA notice regarding his claim.

The Board has denied the veteran's claims for service connection for a heart condition and Meniere's disease, as well as his claim for an effective date prior to November 10, 2003 for a 50% rating for service-connected migraines. The issue of a compensable rating for residuals of laceration of third finger, right hand is pending.

The Board has determined that the veteran's vertigo was not incurred or aggravated in service and is unrelated to service. As a result, the claim for service connection for vertigo is denied.

The veteran's service-connected conditions, including tinnitus, vertigo, asthma, and spondylolisthesis, have been granted initial evaluations. The highest evaluation of 10% has been assigned for each condition.

The Board denied the veteran's claims for service connection for Meniere's disease, meningioma, and duodenal ulcer. The increased rating claim for residuals of fracture of the right elbow with residual traumatic arthritis was granted to a 20 percent evaluation effective from March 1983. The increased rating claim for allergic rhinitis remained denied.