Hearing loss decisions — 2017

The Board has dismissed the appeals due to the Appellant's withdrawal of her appeal.

The Veteran's appeal is being remanded to obtain additional VA treatment records and conduct a new VA examination. The claim will be reconsidered after these actions.

The Veteran's appeal is being remanded to obtain a new VA examination of his service-connected bilateral hearing loss due to the assertion that it has worsened since the last examination in 2013.

The Veteran's appeal is remanded due to the need for additional medical examination and consideration of his hearing loss claim. The examiner will assess whether it is at least as likely as not that any current bilateral hearing loss is related to service, including noise exposure.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, scheduling a VA psychiatric examination to assess his schizoid personality disorder, and scheduling a VA audiology examination to determine the current severity of his bilateral hearing loss. The TDIU claim is also inextricably intertwined with these issues.

The Board has determined that the Veteran's right ear hearing loss is at least as likely as not related to his in-service noise exposure, and service connection for this condition is granted.

The Veteran's appeal has been dismissed due to his death. No decision was made on the merits of any claims.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current diagnoses are related to in-service acoustic trauma. The claims were previously denied due to lack of evidence linking these conditions to service.

The Board has remanded the case due to the need to obtain additional medical records from the Michigan Department of Corrections regarding treatment for hearing loss and tinnitus. The Veteran's claims will be reconsidered based on all evidence received.

The Veteran's service-connected bilateral hearing loss and tinnitus do not meet the criteria for SMC based on aid and attendance or housebound status.

The Veteran's PTSD has been rated at 50 percent since December 1, 2011. The Board finds that the symptoms of near-continuous panic or depression and neglect of personal appearance and hygiene more nearly approximate a 70 percent rating.,The Veteran is service-connected for multiple disabilities including PTSD, bilateral plantar fasciitis, degenerative joint disease of both knees, undiagnosed illness, left thumb fracture, tinnitus, bilateral hearing loss, left heel bone spurs, residuals from a left great toe fracture, and costochondritis. The Board finds that these conditions preclude the Veteran from securing and following a substantially gainful occupation.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss for VA purposes, as his hearing is within normal limits. Therefore, service connection cannot be granted.

The Veteran's service-connected disabilities, including his herniated nucleus pulposus, lumbosacral strain and degenerative changes, diabetes mellitus, bilateral retinopathy with cataracts associated with diabetes mellitus, residuals of a fractured phalanx, right third toe, high frequency hearing loss of the left ear, and malaria, preclude him from securing and following substantially gainful employment. The Board finds that the evidence is in relative equipoise that the Veteran is unable to obtain or maintain substantially gainful employment by reason of his service-connected disabilities and grants TDIU on an extraschedular basis.

The Veteran's initial claim for a compensable rating for bilateral hearing loss prior to January 4, 2017, and a rating in excess of 60 percent from that date was denied. The Board found the evidence did not meet the criteria for a compensable evaluation prior to January 4, 2017 or for a rating in excess of 60 percent as of this date.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that the Veteran's current conditions are directly related to his military service due to exposure to loud noises.

The Veteran's appeal for an initial compensable rating for bilateral hearing loss is dismissed as moot due to the grant of 100% schedular rating and SMC based on additional disabilities. The issue of TDIU remains, but it is considered moot.

The Board has determined that the Veteran's current bilateral hearing loss disability is related to service, and thus grants the claim for service connection.

The Veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by service, as there is no evidence of current disability related to acoustic trauma during active duty.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a TDIU.

The Veteran's claims for right ear hearing loss, left ear hearing loss, acquired psychiatric disability, heart disability, extremity numbness, dizziness, eye disability, leg disability, back disability, and neck disability are all denied as the evidence does not support a connection to service or any incident of service origin.