Vertigo & vestibular disorders decisions — 2023

The Board has remanded the claims for service connection for bilateral hearing loss, including Meniere's syndrome, and for bilateral tinnitus due to insufficient evidence regarding the nature of the Veteran's ear condition and its relationship to active military service.

The Veteran's appeals for service connection and increased evaluations have been dismissed due to her withdrawal of the appeals.

The Veteran's claims for service connection for chronic breathing issues and benign paroxysmal positional vertigo (BPPV) were denied. The Board found that the Veteran did not have a current BPPV disability, and therefore, the requirements for service connection, direct or secondary, are not met.

The Board has denied service connection for lumbar spine, cervical spine, neurological disability of the lower extremities, left upper extremity neuropathy, right upper extremity neuropathy, and vertigo as there is no evidence that these conditions are related to service.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment since July 18, 2014. Prior to that date, he was employed full-time and thus not eligible for a TDIU.

The Board has remanded several issues related to the Veteran's TBI, including rating higher than 10 percent for the condition and separate ratings for other residuals. The service connection for bilateral hearing loss disability as a TBI residual is also being remanded.

The Board has denied a higher rating for bilateral hearing loss and remanded the claim for service connection of vertigo as secondary to hearing loss.

The Veteran's claim for a TDIU prior to April 5, 2010 is being remanded due to the Board's error in not considering the combined effects of his service-connected disabilities on his employability. The evidence suggests that his psychiatric and physical conditions have impacted his ability to secure and maintain employment.

The Veteran's claim for service connection for benign paroxysmal positional vertigo (vertigo) was denied as it is not due to or aggravated by the service-connected bilateral hearing loss and/or tinnitus.,For his bilateral hearing loss, a compensable disability rating prior to February 6, 2019 and in excess of 20 percent thereafter on an extraschedular basis was also denied.

The Board has denied the Veteran's claims for service connection for various conditions, including stomach ulcers, prostate cancer residuals, anxiety and panic attacks, arthritis of the lower back, vision problems, umbilical hernia, high blood pressure, bilateral hand carpal tunnel syndrome, and arthritis of the knees. The evidence does not establish a link between these conditions and active service.

The Veteran's TBI symptoms have resolved, are separately service-connected and rated, or are fully contemplated by his existing 100 percent rating for PTSD. The Veteran's BPPV is proximately due to or the result of his service-connected TBI.,The claim for SMC based on need for regular aid and attendance has been remanded.

The Veteran's service connection claims for vertigo and IBS have been granted. The Board has also remanded the issues of loss of sphincter control, pruritus rectum, and voiding dysfunction to determine their relationship to his service-connected conditions.

Service connection for vertigo granted as secondary to service-connected bilateral hearing loss.,TDIU from May 23, 2011 granted due to combined service-connected disabilities rendering the Veteran unable to maintain substantially gainful employment.

The Veteran's claim for an effective date prior to April 15, 2021, for the grant of service connection for Meniere's syndrome was denied as there is no evidence that he had the condition before or after this date.

The Board has remanded the claims of service connection for obstructive sleep apnea and an initial rating higher than 30 percent for Meniere's disease prior to August 16, 2021 due to additional development needed.

The Board has granted the Veteran's claim of service connection for vertigo, finding that it is at least as likely as not related to in-service noise exposure. The decision resolves reasonable doubt in favor of the Veteran.