PERIPHERAL VESTIBULAR DISORDERS

Summary

The veteran, who served in the U.S. Army from December 1967 to October 1970, appeals the denial of an initial disability rating higher than 30 percent for peripheral vestibular disorder. The veteran also raised the issue of entitlement to TDIU, but this was being addressed in a separate appeal stream and thus not considered in this decision. The Board reviewed the evidence of record, including VA examination reports and treatment notes, which indicated the veteran experiences episodes of dizziness lasting a few minutes, particularly when turning his head. Peripheral vestibular disorders are rated under Diagnostic Code 6204 in the VA Schedule for Rating Disabilities, which provides a maximum 30 percent rating for dizziness and occasional staggering. The Board found that the veteran was already receiving the maximum schedular rating for his condition, as his symptoms of occasional dizziness were consistent with the criteria for the 30 percent rating. The Board noted that to the extent the veteran asserted his condition impacted his ability to work, this would be considered in the separate TDIU appeal. As the veteran was already receiving the maximum rating, the claim for a higher rating was denied. The Board found the evidence weighed against a higher rating, thus the benefit-of-the-doubt rule did not apply.

Rationale

Veteran already receiving maximum 30% rating; Symptoms consistent with maximum rating criteria; Evidence weighed against higher rating

Full Decision Text

Citation Nr: A26040784
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 240105-408007
DATE: April 30, 2026

ORDER

Entitlement to an initial rating higher than 30 percent for peripheral vestibular disorder is denied.

FINDING OF FACT

The Veteran has been in receipt of the maximum schedular rating for peripheral vestibular disorder throughout the period on appeal.

CONCLUSION OF LAW

The criteria for entitlement to an initial rating higher than 30 percent for peripheral vestibular disorder are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.87, Diagnostic Code 6204

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from December 1967 to October 1970.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2023 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). 

In the January 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On January 16, 2026, the Veteran withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the November 2023 AOJ decision on appeal, as well as any evidence submitted by the Veteran, or his representative, within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

The Veteran has raised the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) in the context of his increased initial rating claim for peripheral vestibular disorder. See February 2026 Attorney Correspondence. However, a claim for a TDIU was already pending prior to the Veteran's claim for increase and was denied in a November 2023 Board decision. Since then, entitlement to a TDIU was most recently denied in an April 2025 rating decision, and the Veteran has separately appealed that denial. See September 2025 Notice of Disagreement. Because entitlement to a TDIU is being addressed in a separate appeal stream it will not be addressed in this decision.

Entitlement to an initial rating higher than 30 percent for peripheral vestibular disorder is denied. 

The Veteran appeals the initial 30 percent rating assigned for peripheral vestibular disorder, but he has not offered evidence or argument as to why a higher rating is warranted under the rating criteria. 

Disability ratings are determined by evaluating the extent to which a Veteran's service-connected disability adversely affects their ability to function under the ordinary conditions of daily life, including employment, by comparing their symptomatology with the criteria set forth in the Schedule for Rating Disabilities (Rating Schedule). See 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.10. If two ratings are potentially applicable, the higher rating will be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. See 38 C.F.R. § 4.3.

In evaluating the severity of a particular disability, it is essential to consider its history. 38 C.F.R. §§ 4.1, 4.2, 4.41. However, where an increase in the disability rating, rather than the propriety of the initial rating, is at issue, the present level of disability is of primary importance, and past medical reports should not take precedence over
 be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. See 38 C.F.R. § 4.3.

In evaluating the severity of a particular disability, it is essential to consider its history. 38 C.F.R. §§ 4.1, 4.2, 4.41. However, where an increase in the disability rating, rather than the propriety of the initial rating, is at issue, the present level of disability is of primary importance, and past medical reports should not take precedence over current findings. Francisco v. Brown, 7 Vet. App. 55, 58 (1994). Regardless of whether an appeal stems from disagreement with the initial rating assigned following an award of service connection or from disagreement with the rating assigned following a claim for increase, separate ratings can be assigned for separate periods of time based on the facts found. Hart v. Mansfield, 21 Vet. App. 505, 509-10 (2007) (citing Fenderson v. West, 12 Vet. App. 119, 126 (1999)).

Peripheral vestibular disorders are specifically listed in the rating schedule at 38 C.F.R. § 4.87, Diagnostic Code 6204. Diagnostic Code 6204 provides a maximum 30 percent rating for dizziness and occasional staggering. Because peripheral vestibular disorder is specifically listed in the rating schedule, rating by analogy under another diagnostic code is not appropriate. See Copeland v. McDonald, 27 Vet. App. 333, 336 (2015).

From December 6, 2013, onward, the Veteran has been in receipt of the maximum 30 percent rating for peripheral vestibular disorder. In general, the Veteran reports experiencing episodes of dizziness, also reported as lightheadedness, that last a few minutes at a time. See August 2022 VA examination report; see August 2023 VA treatment note (reporting the Veteran felt dizzy/lightheaded when he turned his head wrong, and that the sensation lasted a few minutes). The Veteran has already been in receipt of the maximum schedular rating for peripheral vestibular disorder with symptoms of occasional dizziness for the entire period on appeal. To the extent the Veteran asserts that his peripheral vestibular disorder contributes to his inability to work, that impairment will be considered in the separate appeal stream addressing entitlement to a TDIU. Because the Veteran is already in receipt of the maximum rating for peripheral vestibular disorder with recurrent dizziness, the claim for a rating higher than 30 percent must be denied. Because the evidence of record persuasively weighs against a higher initial rating, the benefit-of-the-doubt rule does not apply. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

 

 

L. STEPANICK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Smith, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.