Hearing loss decisions — 2016

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU, and the evidence demonstrates that he is as likely as not unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities.

The Veteran's claims for increased ratings for bilateral hearing loss, TDIU, and SMC are being remanded due to the need for additional development of evidence.

The Board has determined that the Veteran's hepatitis C is service-connected, as it was incurred during his military service due to risk factors such as high-risk sexual activity. The other issues regarding hearing loss and right elbow condition are granted.

The Board denied the Veteran's claims for CUE in the August 2009 rating decision denying service connection for bilateral hearing loss and for an effective date earlier than September 26, 2008, for a separate 100 percent rating for obstructive-restrictive lung disease. The Board found no clear and unmistakable error in either decision.

The Board has determined that a new VA examination is needed to determine the nature and etiology of any left ear hearing loss and chronic fatigue syndrome. The Veteran's claims for service connection are remanded.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are causally related to his in-service exposure to noise, resulting in a grant of service connection for these conditions.

The Veteran's bilateral hearing loss and PTSD have been granted service connection, with the rating for PTSD being set at 70 percent.

The Board has determined that a compensable rating for bilateral hearing loss is not warranted prior to April 14, 2009 and since August 3, 2009. A separate 10 percent schedular rating for chronic left ear cholesteatoma and status-post left ear tympanomastoidectomy has been granted.

The Veteran's claims for service connection and increased ratings were denied. The compensable rating for bilateral hearing loss was not granted, and the earlier effective date claim for PTSD was also denied.

The Veteran's claims for service connection for left ear hearing loss and initial compensable evaluation for right ear hearing loss were denied. The Veteran was granted an evaluation in excess of 20 percent for diabetic retinopathy from January 31, 2008 to September 24, 2008 and in excess of 20 percent thereafter.

The Veteran withdrew his appeal for service connection of bilateral hearing loss before the Board could make a decision.

The Veteran's appeal is being remanded due to the need for additional medical evidence and a new audiological evaluation. The issues of evaluating his bilateral lower extremity radiculopathy and bilateral hearing loss disability are still pending.

The Veteran's bilateral hearing loss and tinnitus were granted service connection in March 2010, with an initial rating of 10% effective February 27, 2009. The Board found that the earliest claim for these conditions was received on February 27, 2009, which is later than the date entitlement arose (March 2010). Therefore, a higher effective date earlier than February 27, 2009 could not be granted.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected bilateral hearing loss, including any functional impairment resulting from the condition. Additionally, VA treatment records dating from March 2012 to the present should be obtained.

The Board found no evidence of a low back disorder during service and denied the claim. Bilateral hearing loss was not shown to be related to service or noise exposure, as there is no current disability meeting VA's definition of hearing loss. Diabetes mellitus type II, hypertension, and ED were also not linked to service.

The Board granted an initial 10 percent rating for scars associated with coronary artery disease, reopened the claims for service connection for bilateral hearing loss and COPD, but denied service connection for respiratory disorder.

The Veteran's bilateral hearing loss disability is currently rated as noncompensable prior to December 30, 2015 and as 10 percent thereafter. His PTSD disability is currently rated as 30 percent. The appeal for service connection for a lung disorder (claimed as bronchitis and asthma) has been granted.

The Board has determined that the Veteran's right ear hearing loss is related to his service and grants the claim for service connection.

The Veteran's service-connected bilateral hearing loss has been rated as non-compensable from March 16, 2006 to May 31, 2007; 10 percent from May 31, 2007 to February 21, 2012; 20 percent from February 21, 2012 to June 23, 2015; and 30 percent since June 23, 2015. The Board finds that the Veteran does not meet the criteria for higher evaluations at any time during this period.

The Veteran's initial disability rating for bilateral hearing loss prior to December 8, 2014 was denied.,An increased disability rating of 30 percent for coronary artery disease (CAD) was granted effective from December 8, 2014.