Vertigo & vestibular disorders decisions — 2024

The Board has dismissed the appeal of service connection for migraines due to untimely filing. Service connection for vertigo is granted as it is directly related to noise exposure during service.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's vertigo, including BPPV. The matter is being returned for further development and consideration.

The Veteran's service-connected disabilities render him in need of regular aid and attendance due to his PTSD and vestibular condition.,VA has determined that the Veteran's claim for an earlier effective date prior to September 16, 2022, for a 100 percent rating for PTSD is granted.

The Board has granted service connection for benign paroxysmal positional vertigo (vertigo) on a secondary basis to the Veteran's service-connected bilateral hearing loss and tinnitus. The decision affords the Veteran the benefit of doubt in determining that his service-connected disabilities caused or aggravated his vertigo.

The Board found that the grants of service connection for TBI to include PTSD and vertigo, as well as post traumatic headaches (migraines), were clearly and unmistakably erroneous due to the Veteran's willful misconduct during military service. The appeal is denied.

The Veteran's initial claim for an increased rating of peripheral vestibular disorder from September 1, 2020 to August 19, 2021 was granted. The appeal for a higher evaluation beyond this period and service connection for left elbow pain were denied.

The Veteran's vertigo is being remanded for a new VA examination to determine if it is at least as likely as not that the condition would have been less severe but for her service-connected tinnitus, and whether it is at least as likely as not aggravated by her service-connected tinnitus.

The Board has remanded the Veteran's claims for special monthly compensation based on aid and attendance and housebound status due to insufficient evidence regarding his need for regular aid and assistance. The case will be returned to the AOJ for further development.

The Veteran's current diagnoses of right ankle, knee, hip, back, skeletal arthritis, bilateral eye condition, vertigo, headaches, peripheral neuropathy of the upper and lower extremities do not meet the criteria for service connection.,Service connection is denied for all claimed conditions.

The Board has granted effective dates of August 13, 2014 for service connection for vestibular disorder vertigo, chronic fatigue syndrome, frequent infections, nausea, and shortness of breath associated with service-connected myelodysplastic syndrome.

The Veteran seeks an effective date earlier than December 18, 2017 for the assignment of a 30 percent rating for GERD. The Board finds that it was not factually ascertainable that the Veteran's GERD disability increased in severity prior to the filing of his Intent to File form on December 18, 2017.,The AOJ erred by applying the wrong legal standard when considering the claim for service connection for bilateral hearing loss. The claim should be readjudicated with new and relevant evidence.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and consideration of outstanding service treatment records.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is remanded due to inadequate medical opinions and the need for an extraschedular TDIU determination. The AOJ should refer the case to the Director of Compensation Services for consideration of an extraschedular TDIU.

The Board has denied service connection for Meniere's disease and remanded the claim for prostate cancer due to insufficient evidence of a nexus between the conditions and service.

The Board granted service connection for benign paroxysmal positional vertigo (vertigo) as secondary to the Veteran's service-connected hearing loss, effective from August 3, 2020.