Hearing loss decisions — 2016

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Board has decided to remand the claims due to the need for further development, including a VA examination and obtaining any outstanding treatment records.

The Board has remanded the case for further development, including obtaining medical records and providing a VA examination to determine if any current right ear disability is related to service.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions are related to service.

The Veteran's claim for service connection for bilateral hearing loss is granted as he has a current diagnosis of the condition, suffered from it during service, and provided credible statements of continuous symptoms since service.

The Veteran's anxiety disorder associated with tinnitus, tinnitus, and bilateral hearing loss have been granted service connection effective April 1, 2008. The initial ratings for these conditions are assigned.

The Board previously found that the reduction of the rating for bilateral hearing loss from 40 percent to 0 percent was proper. The U.S. Court of Appeals for Veterans Claims (Court) granted a Joint Motion for Remand (JMR), which vacated the July 2015 Board decision and remanded the Veteran's claim to the Board for compliance with instructions provided in the JMR.

The Veteran's appeal is being remanded to the AOJ for referral to VA's Director of Compensation Service due to conflicting medical opinions on his ability to secure and follow substantially gainful employment.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to his military service, as there was no evidence of a nexus between these conditions and noise exposure during service. The claims for service connection were therefore denied.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board grants a TDIU on an extraschedular basis.

The Veteran's bilateral hearing loss disability was incurred in service, and the Board grants service connection for this condition. The issue of service connection for seborrheic dermatitis is remanded to allow issuance of a Statement of the Case (SOC). The rating issue for residuals of mandible fracture remains pending.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are not etiologically related to noise exposure sustained in active service, and therefore denied his claims for service connection.

The Veteran's right ear hearing loss, lumbar degenerative joint disease (DJD), and left leg radiculopathy have been granted service connection. A higher rating of 60 percent for CAD has also been granted.

The Veteran's claims for service connection for hearing loss of the right ear, asbestosis, asthma, and chronic headaches have been granted.,Service connection has also been established for a pre-existing condition (childhood asthma) that was aggravated by service.

The Veteran's right ear hearing loss disability is granted as incurred in service due to noise exposure. The appeal for the eye condition was withdrawn prior to decision.

The Veteran requested to withdraw all pending appeals before the Board.

The Veteran's appeal is being remanded for additional development to obtain private medical records and a VA examination.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are service-connected, with the evidence being at least in equipoise as to whether these conditions were caused by noise exposure during his military service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are etiologically related to his in-service noise exposure, and thus service connection is granted.

The Veteran's appeal is being remanded for additional development to determine the nature and extent of his hearing loss, tinnitus, and right foot hallux valgus deformity with status post bunionectomy. The VA will obtain his complete service treatment records, conduct audiometric testing, and schedule him for a VA examination.