Vertigo & vestibular disorders decisions — 2024

The Veteran's claims for service connection for tinnitus, vertigo, low back pain, and a left knee disorder are remanded due to incomplete service personnel records. The AOJ is instructed to verify the dates of service in July 1987.

The Veteran's appeal is remanded for further development regarding service connection claims and a separate rating for vertigo.

The Veteran's claim for PTSD is granted. The claims for an acquired psychiatric disorder other than PTSD and a peripheral vestibular disorder are remanded.

The Veteran's claims for an initial compensable rating for allergic rhinitis and service connection for sinusitis are being remanded due to pre-decisional duty to assist errors.,The Veteran's claim for service connection for scoliosis is being remanded due to pre-decisional duty to assist errors, including a lack of VA examination.,The Veteran's claim for service connection for vertigo is being remanded due to pre-decisional duty to assist errors and the need for further medical evaluation.,The Veteran's claims for service connection for personality disorder and bipolar disorder are being remanded due to pre-decisional duty to assist errors, including a lack of VA examination and corroboration of in-service stressors.,The Veteran's claim for service connection for scoliosis is being remanded due to pre-decisional duty to assist errors, including a lack of treatment records from the Wilmington VAMC and Long Beach VAMC.

The Board dismissed the Veteran's claims for earlier effective dates as they were subsumed by prior decisions, and there was no legal merit to claim of clear and unmistakable error (CUE) in the July 1969 rating decision.

The Board has denied service connection for back, neck, left hamstrings, right hamstrings, blurry vision, and vertigo conditions as there is no current diagnosed disability that results in functional impairment of earning capacity.

The Board has restored service connection for migraine headaches and vertigo, finding the August 2021 rating decision was not clearly and unmistakably erroneous.

The Board granted service connection for vertigo, finding that it is proximately due to the Veteran's service-connected migraines.

The Board denied the veteran's appeals for increased ratings and service connection, as well as an earlier effective date for DEA benefits.

The Veteran withdrew her appeals for increased ratings for Meniere's syndrome and residual scar of a status post thyroid surgery prior to September 5, 2020.

The Board has dismissed the Veteran's appeals for initial disability ratings in excess of 60 percent for Meniere's disease with hearing loss and tinnitus, a compensable rating for bilateral hearing loss prior to June 21, 2018, and a higher rating for tinnitus prior to June 21, 2018. The Veteran requested withdrawal of these appeals.

The Veteran's left ear hearing loss and residuals are currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 6100. The Veteran's vertigo has also been rated at 10 percent.,Service connection for headache and sinusitis remains pending as additional evidence and examination may be required to establish a relationship with service.

The Veteran's service-connected disabilities led to her discharge, meeting the eligibility criteria for Post-9/11 GI Bill education benefits.

The Veteran's claim for an effective date of August 26, 2009, for the award of service connection for unspecified mental disorder due to another medical condition is granted.,Service connection for sleep apnea is denied.

The Board has decided that the VA examiner's opinion regarding the relationship between the Veteran's service-connected tinnitus and his claimed dizziness (vertigo) is inadequate. Therefore, a new medical opinion is needed to determine if the Veteran's vertigo is caused by or resulted from his service-connected tinnitus.

The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected Meniere's syndrome.