Vertigo & vestibular disorders decisions — 2023

The Veteran's TBI resulted in neurobehavioral symptoms that interfered with workplace and social interaction, warranting a 70% disability rating from September 27, 2017 to May 4, 2021.,For the entire appeal period, the Veteran is granted a separate 30% disability rating for vertigo.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has determined that additional development is required, including VA examinations and a review of her medical records.

The Board has remanded the claims for bilateral hearing loss, vertigo, and TDIU due to insufficient development of evidence. The Veteran's claim for a compensable disability rating for bilateral hearing loss requires an SSOC after additional VA examination reports were added to her file without issuance of a new SSOC. Her claim for service connection for vertigo needs a corrective opinion addressing whether it is aggravated by her service-connected bilateral hearing loss and if related to TERA exposure. The TDIU appeal must be remanded pending the development on other claims.

The Veteran's claims for service connection for TBI residuals, migraine headaches, PTSD with depression, and pansinusitis including headaches have been granted. The Veteran is also awarded a 50% rating for his pansinusitis condition since September 16, 2014.

The Veteran's service-connected disabilities, including perilymphatic fistula, unspecified depressive disorder, tinnitus, and Meniere's syndrome, have precluded her from securing and following substantially gainful employment prior to August 23, 2019. The Board has granted a TDIU on an extraschedular basis due to the combined effect of these disabilities.

The Veteran's claims for higher ratings on multiple service-connected conditions, including right knee disorders, PTSD, migraines, and TBI with vertigo, are being remanded due to the need for additional medical records.

The claim for service connection for Meniere's disease as secondary to service-connected otosclerosis has been granted. The claim for residuals of a left foot fracture is being remanded.

The Board has remanded the Veteran's claims for a compensable rating for bilateral hearing loss, service connection for vertigo and an acquired psychiatric disorder (including PTSD, anxiety, depression, depressive disorder with pure dysthymic syndrome and severe anxious distress), and service connection for obstructive sleep apnea due to inadequate evidence or need for further development.

The Veteran's PTSD is rated at 70 percent, which is the maximum schedular rating. The appeal for a higher rating is denied.,The Veteran's tension headaches are currently rated at 50 percent, and no higher rating is warranted under the current criteria.,The Veteran's TBI residuals with vertigo are currently rated at 10 percent. A remand is required to determine if a higher rating could be assigned based on the severity of the vertigo.

The Board has remanded the Veteran's claims for allergic rhinitis, conjunctivitis, heart disability, skin disability (tinea manus), headaches, and vertigo due to inadequate development and failure to provide proper notice regarding fees for obtaining medical records.

The Board has determined that the Veteran's appeal is remanded for additional examinations and evaluations regarding his sleep apnea, bilateral heel spurs, right knee, left knee, right hip, right ankle, left elbow, left shoulder, lumbar spine, and peripheral vestibular disorder.

The Board has dismissed the appeals for a compensable rating for bilateral hearing loss and asbestosis. The case is remanded for further development regarding service connection for Meniere's Disease.

The Veteran's service-connected disabilities do not meet the percentage standards set forth in 4.16(a) and therefore, his claim for a total disability rating based on individual unemployability (TDIU) is denied.

The Board has determined that the appellant's claims for service connection for a TBI with neurocognitive disability and vertigo, as well as his claims for earlier effective dates for a PTSD rating and TDIU, are inextricably intertwined. These issues must be remanded to allow for further development.

The Board has granted the Veteran's claim for service connection for Meniere's disease and vertigo, finding that these conditions began during active service.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to service-connected disabilities, and remanded the issues of service connection for Meniere's syndrome and Left shoulder disability.