Hearing loss decisions — 2016

The Veteran's appeal was dismissed due to his death. The issues on appeal were whether new and material evidence had been received to reopen a claim of residuals of head trauma, and the entitlement to service connection for various disabilities.

The Veteran's three-vessel disease is presumed service-connected due to in-service herbicide agent exposure. The Board finds that the evidence is at least in equipoise as to whether the Veteran had service in the Republic of Vietnam during the Vietnam Era, and therefore he is presumed exposed to herbicides. His current bilateral hearing loss may be related to his preexisting condition, but the examiner's opinion does not adequately address this issue. The Veteran's tinnitus is less likely than not caused by or a result of acoustic trauma in service. The Veteran's erectile dysfunction is less likely than not caused by or a result of service.

The Veteran's tinnitus arose in service and continued to the present, warranting service connection.

The Board has granted service connection for bilateral hearing loss, effective from June 7, 1971, based on continuous post-service symptoms and in-service acoustic trauma.

The Veteran's appeal is being remanded to the AOJ for additional development and consideration of all evidence, including newly received VA examination opinions. The claims for service connection and TDIU will be reconsidered based on all available evidence.

The Board found that there is no evidence of a current disability for VA purposes, and thus denied the Veteran's claims for service connection for bilateral high frequency sensorineural hearing loss. The issues of hypertension (claimed as secondary to diabetes), sleep apnea, and degenerative joint disease of the knees are remanded due to inadequate medical opinions.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss and bilateral knee disability, finding that his current conditions were not incurred or aggravated by active military service.

The Board has remanded the case for scheduling a videoconference hearing before a Veterans Law Judge. The appeal will be considered further after this is done.

The Veteran's service-connected bilateral hearing loss and tinnitus do not meet the threshold schedular criteria for a TDIU, as he is still employed full-time. The Board finds that his employment does not preclude him from securing or following any form of substantially gainful employment.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board has remanded the case for further development, including obtaining updated VA treatment records and an opinion regarding entitlement to a higher rating on an extraschedular basis. The appeal is now pending again.

The Veteran's bilateral hearing loss has been rated as noncompensable (0%) due to Level I hearing acuity in both ears, which is the lowest possible rating under VA criteria.

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a higher rating for PTSD, diabetes, or bilateral hearing loss.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for bilateral hearing loss disability. The claims of entitlement to service connection for sleep apnea, an ear disability (to include, ear infections and drainage), and insomnia are pending.

The Board finds that the Veteran's bilateral hearing loss and tinnitus are as likely as not related to his active service, including inservice noise exposure. Therefore, service connection for these conditions is granted.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records and scheduling examinations. The TDIU claim has also been raised.

The Board has remanded the case due to inadequate examination and need for additional development of evidence.

The Board has determined that the Veteran's Meniere's disease, bilateral hearing loss, and tinnitus are not service connected as they were not incurred or aggravated by his military service.

The Veteran's bilateral hearing loss disability, chronic groin fungus, loss of cognitive senses, and osteoporosis are all found to be secondary to his service-connected multiple sclerosis.,Special monthly pension benefits have been granted due to the Veteran's need for aid and attendance.

The Board has remanded the case to determine if the combined effects of diabetes mellitus with PTSD, sensorineural hearing loss; and diabetic neuropathy of the upper and lower extremities warrant an extraschedular rating.