Vertigo & vestibular disorders decisions — 2009

The Veteran's cervical spondylosis with osteophytes and radiculopathy was found to have its onset in service, granted a rating of 10 percent for sinusitis with headaches and nosebleeds, and denied an increased rating for his psychiatric disorder.

The Board has determined that the Veteran's vertigo/dizziness is related to his service-connected hearing loss and tinnitus, warranting service connection on a secondary basis.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation, as his other nonservice-connected conditions and work experience make it possible for him to find another means of employment.

The Board denied service connection for various conditions, including benign tumors of the colon, migraines, hearing loss, tinnitus, peripheral neuropathy, psychiatric disorders, and vascular diseases. The appeal was reopened on new evidence.

The Board has determined that the Veteran's current vertigo disability is related to his in-service injuries, and thus service connection for benign positional vertigo is granted.

The Board has determined that none of the Veteran's claimed disabilities are related to his service, including exposure to ionizing radiation. As a result, service connection is denied for all issues.

The Board has determined that further action is required to obtain the Veteran's service treatment records from his first period of active duty. Additionally, VA examinations are needed for fatigue, vertigo, bilateral foot/ankle condition, bilateral hand/wrist/forearm condition, and seborrheic dermatitis due to their complexity and the need for medical opinions.

The Veteran's claim for service connection of Meniere's disease has been denied. The issue of entitlement to an initial evaluation in excess of 10 percent for residual imbalance status-post right ear tympanotomy with labyrinthotomy and dexamethosone perfusion, and transcanal underlay tympanoplasty remains pending as the Veteran was granted a 10% evaluation effective the day following separation from service. The claims for service connection of left ear hearing loss and tinnitus are still pending.

The Board found that the appellant's current hearing loss, tinnitus, and vertigo are not causally related to his active service or any incident therein, including exposure to acoustic trauma. Therefore, service connection for these conditions was denied.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, Meniere's disease (dizziness), a spinal cord condition of the neck and back, and an acquired psychiatric disorder. The evidence does not support a finding that any of these conditions were incurred or aggravated by military service.

The Board has remanded the case for additional development, including obtaining private treatment records from Dr. Hart and providing VCAA notice as to reopening a previously denied claim of service connection.

The Veteran's claims for PTSD and a disability manifested by dizziness and vertigo were denied as there is no competent medical evidence of current diagnoses or disabilities.

The Veteran's claims for increased evaluations and service connection have been remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's right shoulder, left shoulder, and right hand disabilities were not incurred in or aggravated by active service.,The Veteran's left foot disability is found to be proximately due to his service-connected lumbar spine disability.

The Board denied the Veteran's claims for service connection for tinnitus and vertigo as there was no competent evidence of current diagnoses. The claim for bilateral hearing loss is remanded for further development.