Vertigo & vestibular disorders decisions — 2019

Service connection for brain cancer with bilateral cataracts was severed due to lack of radiation exposure during service.,Service connection for vertigo and tinnitus associated with brain cancer with bilateral cataracts was also severed as they are not related to service.

The Board denied the Veteran's claim for SMC at the housebound rate as he does not have a single service-connected disability rated 100 percent disabling. The TDIU was awarded based on multiple disabilities, and thus did not meet the requirement for a single service-connected disability rated 100 percent.

The Board denied the Veteran's claims for service connection for vertigo, to include secondary to tinnitus, hearing loss and an acquired psychiatric disorder. The appeal was also remanded for additional examinations related to total disability rating based on individual unemployability and special monthly compensation due to need for aid and attendance.

The Veteran's claim for an earlier effective date prior to January 30, 2006 for the grant of service connection for Meniere's syndrome was denied. The Veteran also had his initial disability rating for Meniere's syndrome denied as it did not warrant a higher than 30 percent rating.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding the nature and etiology of his respiratory conditions, headaches, and vertigo. The claims will be reopened but not necessarily granted.

The Veteran's CVA with vertigo is rated as 10 percent disabling since March 1, 2009. The Board finds that a higher rating is not warranted.,Prior to April 8, 2016, the Veteran was granted a 30 percent rating for adjustment disorder with depressed and anxious features.

The Board has ordered the VA to obtain additional records and schedule examinations for the Veteran's shin splints, coronary artery disease, and acquired psychiatric disorder. The claims will be remanded for further development.

The Board has denied the claims for service connection for various conditions, including hearing loss, vertigo or Meniere’s disease, insomnia, conjunctivitis, cataracts, ulcers, headaches, right-hand and left-hand disabilities, squamous cell skin cancer, cholecystitis (claimed as a gallbladder disability), colitis, fibromyalgia, chronic fatigue syndrome, skin disability on the back, PTSD, right knee disability, lower back disability, left knee disability, hypertension, and GERD. The claims are denied as secondary to service-connected disabilities or due to in-service exposure.

The Veteran's appeals for service connection on multiple conditions have been dismissed. The Board did not address the merits of these claims, but rather found that the Veteran withdrew his appeal as to all issues related to a rash, tonsillitis, dysuria, coagulase, dyspnea, gastroenteritis, myalgia, residuals of a right elbow fracture, costochondritis, and hearing loss. The appeals for service connection on tinnitus, back disability, headache disability, residuals of a head injury, vertigo, and eye disability are remanded.

The Veteran's vestibular dysfunction is being remanded for further examination and opinion regarding its relationship to his service-connected hearing loss and tinnitus.

The Veteran's service records show complaints of headaches and dizziness during active duty. A VA examination is needed to determine if these conditions are related to his military service.

The Veteran's appeal for special monthly compensation, automobile and adaptive equipment, was dismissed. SMC based on aid and attendance is granted. The effective date of service connection for dehiscence of superior semicircular canal (claimed as vertigo) is set at August 7, 2008.

The Veteran's service-connected hearing loss and tinnitus have been denied as his claims are not supported by the evidence of record.,Service connection for prostate cancer has been granted due to exposure to herbicide agents during service. The right knee condition and skin condition of the leg have been denied as there is no competent medical evidence linking these conditions to service or any other service-connected disability.,The Veteran's claims for vertigo/dizziness have also been denied, with the Board finding that he has not been diagnosed with these conditions.

The Veteran is seeking an earlier effective date for the grant of service connection for vestibular disorder, which includes tinnitus. The case has been remanded to address both the issue of a new and material claim and the CUE in the August 2012 rating decision.

The Veteran's claim for service connection for a balance disorder of unknown etiology was granted with an effective date of March 28, 1979. The other issues regarding thoracic and lumbar spine disorders and cervical spine disorders were remanded.