Citation Nr: 19123783
Decision Date: 04/01/19	Archive Date: 03/29/19

DOCKET NO. 16-40 557A
DATE:	April 1, 2019

ORDER

Entitlement to a 100 percent rating for Meniere’s syndrome (claimed as inner ear disorder to include residuals of dizziness) is granted.

FINDING OF FACT

The Veteran’s Meniere’s syndrome manifests in hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly.

CONCLUSION OF LAW

The criteria for entitlement to an initial 100 percent rating for Meniere’s syndrome have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.3, 4.87, Diagnostic Code 6205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1962 to January 1965.  He served honorably in the U.S. Army.  The Board thanks the Veteran for his service to our country.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from the June 2013 Rating Decision of the Indianapolis, Indiana, Department of Veterans Affairs (VA) Regional Office (RO), which granted an initial 60 percent rating for Meniere’s syndrome.  As this 60 percent rating exceeded the existing ratings for the Veteran’s service-connected bilateral hearing loss and tinnitus, these evaluations were stopped and included with Meniere’s disease under 38 U.S.C. § 4.87, Diagnostic Code 6205.

Following certification to the Board, entitlement to individual unemployability was granted in full in a February 2019 Rating Decision from the date of the April 2012 claim; therefore, that issue will not be discussed further here.

1. Entitlement to a rating in excess of 60 percent for Meniere’s syndrome is granted.

Disability evaluations are determined by comparing a veteran’s present symptomatology with criteria set forth in VA’s Schedule for Rating Disabilities (Rating Schedule), which is based on average impairment in earning capacity.  38 U.S.C. § 1155; 38 C.F.R. Part 4.  After careful consideration of the evidence, any reasonable doubt remaining is resolved in favor of the veteran.  38 C.F.R. § 4.3.

Under Diagnostic Code 6205, a 100 percent rating for Meniere’s syndrome is warranted for hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus.

In this case, in a December 2010 letter, the Veteran’s private treatment provider stated that the Veteran has recurrent vertigo and ataxia, experiencing vertigo usually associated with nausea 2-3 times weekly.  The treatment provider noted the same manifestations in a December 2013 letter.  An April 2010 examination report noted frequent episodes of vertigo, and according to an April 2011 examination report, the Veteran reported vertigo symptoms occurring 2-3 times weekly, as well as balance issues with gait problems.  There is no competent medical opinion of record asserting that the Veteran does not have a hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly.  Viewing this case in the light most favorable to the Veteran, the Board finds that the evidence is at least in equipoise that the criteria for a 100 percent rating have been met.  

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	M. Vashaw, Associate Counsel