PERIPHERAL VESTIBULAR DISORDERS

Summary

The Veteran served from September 1999 to September 2004, with additional Reserve service. The Veteran appeals the denial of service connection for vertigo. The primary issue is whether vertigo is related to an in-service head injury sustained in July 2021. Service treatment records confirm the in-service head injury. A July 2022 VA examination opined that vertigo was more likely than not related to this injury. The Board found the evidence to be in relative equipoise regarding the nexus between the vertigo and the in-service head injury. Applying the benefit of the doubt doctrine, the Board resolved the equipoise in favor of the Veteran. Consequently, service connection for vertigo is granted. The Board's decision is based on the evidence of record at the time of the September 2024 agency of original jurisdiction decision, and the Board notes that the AOJ had already made a favorable finding regarding new and relevant evidence.

Rationale

Service treatment records confirm in-service head injury.; VA examiner opined vertigo more likely than not related to in-service head injury.; Evidence in relative equipoise; doubt resolved in Veteran's favor.

Full Decision Text

Citation Nr: A26040993
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 250402-529885
DATE: April 30, 2026

ORDER

Entitlement to service connection for vertigo is granted.

FINDINGS OF FACT

1. Service treatment records indicate treatment in July 2021 for a head injury; the Veteran was hit in the head with a sandbag.

2. The July 2022 VA examiner opined that it is more likely than not that the Veteran has vertigo which is related to his in-service head injury that occurred in July 2021.

3. The evidence of record is in relative equipoise as to the Veteran having vertigo related to the in-service head injury. 

CONCLUSION OF LAW

The criteria for the establishment of service connection for vertigo have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran has confirmed service from September 1999 to September 2004 and January 2021 to January 2022 with additional periods of service in the Reserve indicated by the record. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In the April 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the September 2024 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

The Board notes that the AOJ found that new and relevant evidence had been received and readjudicated the Veteran's claim in the September 2024 rating decision on appeal. The determination that new and relevant evidence has been received is a finding favorable to the claimant and is binding on the Board unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding. 38?C.F.R. §§?3.104(c), 20.801(a). 

1. Entitlement to service connection for vertigo is granted.

In light of the foregoing and resolving all reasonable doubt in favor of the Veteran, the Board finds that entitlement to service connection for vertigo is warranted. 

For the detailed reasons outlined above, the Board grants the appeal in full, obviating any need for further detailed discussion thereof at this time.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Prevost, K.

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.