Hearing loss decisions — 2016

The Veteran's service connection claim for tinnitus is granted as it meets the criteria for service connection. The claim for bilateral hearing loss is addressed in a separate REMAND portion of this decision.

The Veteran's undiagnosed depressive disorder is rated at 30 percent, and his bilateral hearing loss is now rated at 50 percent since September 24, 2014.

The Veteran's unauthorized medical expenses incurred from August 19, 2012 to August 21, 2012 are not eligible for reimbursement under VA regulations because the services were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health. Additionally, VA facilities were feasibly available and an attempt to use them beforehand was reasonable.

The Board has granted a 100 percent initial rating for depressive disorder NOS effective May 14, 2010.

The Veteran's request for hearings has been advanced, and the case is being remanded to schedule a travel board hearing. The claims of service connection for bilateral hearing loss and tinnitus are still pending.

The Board has remanded the Veteran's claim for an increased rating for bilateral hearing loss due to outstanding VA treatment records and a need for a contemporaneous VA examination.

The Veteran's bilateral hearing loss and tinnitus were not shown to be incurred in or aggravated by service, as his hearing was within normal limits at the time of last exam in service.

The Board has determined that the Veteran's bilateral hearing loss did not have its onset in service or within one year of separation from service, and the preponderance of evidence fails to establish a relationship between his current bilateral hearing loss and service. Therefore, the claim for service connection is denied.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claim for service connection for bilateral hearing loss as he does not currently have a diagnosis of hearing loss that meets VA criteria.

The Veteran's claim for a TDIU is being remanded due to conflicting information regarding his employment status and the need to determine if he has been substantially gainfully employed since June 2009. The AOJ will also consider whether a TDIU would be moot during any applicable time period in light of the Veteran's 100 percent combined rating.

The Board has decided to remand the Veteran's claim of entitlement to service connection for left ear hearing loss due to incomplete development and lack of a VA medical examination.

The Veteran's appeal is being remanded to allow him a videoconference hearing before the Board, and for further development of his claims.

The Veteran's claim for ear infections and left ear hearing loss disability was denied as there is no evidence of current diagnoses or service connection.

The Board found that the reduction of the Veteran's bilateral hearing loss disability rating from 10 percent to noncompensable was proper due to a finding of clear and unmistakable error in the November 2009 rating decision, and all necessary procedural steps were followed.

The Veteran's claim for service connection for bilateral hearing loss was denied in a final November 2007 rating decision. The claim for tinnitus, PTSD, and TBI were all granted with increased ratings.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for clarification of the VA examiner's opinion and additional medical records.

The Board has granted service connection for right ear hearing loss and assigned a 10% rating. The Veteran's current lumbar spine condition is not service-connected, as there is no evidence of an in-service injury or disease. Service connection was also denied for left ear disorder (other than hearing loss), anxiety, depression, and sleep disorder.

The Board has remanded the case due to a scheduling issue for a Travel Board hearing, and no other decisions have been made regarding service connection claims.

The Board has determined that the Veteran's residuals of right ankle sprain is as likely as not related to his active service, and thus grants entitlement to service connection for this condition.