Hearing loss decisions — 2017

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral hearing loss and an acquired psychiatric disorder, including depression. The evidence is in equipoise as to whether these conditions are related to military service or secondary to a service-connected condition.

The Board has determined that the Veteran's low back disability, left ear hearing loss, and tinnitus are related to service. The claims for these conditions have been granted.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's hearing loss and tinnitus. The Veteran is asked to provide a private medical opinion addressing these deficiencies.

The Veteran's back disorder is not service-connected as it was pre-existing and not aggravated by service.,Bilateral hearing loss and tinnitus are not service-connected as they did not manifest within one year of separation from service.

The Board dismissed all issues related to service connection for hearing loss, increased ratings for tinnitus and peripheral vestibular disorder, and earlier effective dates for headaches, peripheral vestibular disorder, and gout and degenerative joint disease of the feet. The Veteran's current bilateral hearing loss is not considered related to his military service.

The Veteran's claim for a compensable rating for bilateral hearing loss and an earlier effective date for the combined 100 percent rating are both denied.

The Veteran withdrew his appeal, effectively dismissing the case.

The Veteran's bilateral hearing loss was rated at 80 percent prior to January 1, 2010 and reduced to zero percent effective January 1, 2010. The appeal for a higher rating is denied.,From January 1, 2010 to June 9, 2010, the Veteran's bilateral hearing loss was rated at 10 percent. The appeal for a higher rating is denied.,After June 9, 2010, the Veteran's bilateral hearing loss did not meet the criteria for a compensable rating. The appeal for a higher rating is denied.,The ligation of left varicocele was not rated as it did not result in atrophy of both testis or other specified conditions.

The Board has determined that the Veteran's left ear hearing loss disability is not related to his military service and therefore denied his claim for service connection. For right ear hearing loss, the evidence does not meet the criteria for a compensable rating.

The Veteran's bilateral hearing loss disability was not incurred in service and is not otherwise due to service.,Prior to November 3, 2015, the Veteran's DJD of the lumbar spine did not meet the criteria for a rating in excess of 20 percent. As of November 3, 2015, his condition has not met the criteria for a rating in excess of 40 percent.

The Board has determined that the Veteran's bilateral hearing loss disability does not warrant a compensable rating at any time during the appeal period.

The Veteran's claim for service connection for bilateral hearing loss is denied, but his claim for tinnitus is granted.

The Board is remanding the case for additional development, including obtaining VA treatment records and affording the Veteran an opportunity to respond.

The Board has ordered the case back to the AOJ for further development due to inconsistencies in medical opinions regarding the etiology of the Veteran's right ear hearing loss.

The Board dismissed the claim of entitlement to an initial compensable rating for bilateral hearing loss due to lack of jurisdiction, as the issue was fully granted during the appeal process.

The Board has remanded the case for further development to obtain VA treatment records from 1970 to 1976, and to ensure that all relevant evidence is in complete compliance with the directives of this remand.

The Board has remanded the case for further development, including scheduling a VA hearing examination and attempting to obtain records of a prior hearing test. The Veteran's claim for service connection for right ear hearing loss will be reconsidered based on this additional evidence.

The Board denied a compensable rating for hearing loss due to the Veteran's incarceration in state prison, making it impossible to conduct an examination and provide audiometric findings.

The Veteran's service-connected disabilities have not rendered him unable to follow a substantially gainful occupation during any time subject to this appeal.

The Veteran's bilateral hearing loss disability has been rated at 30 percent since January 13, 2015. The Board found that the evidence did not support a higher rating or an initial compensable rating prior to this date. Additionally, the Veteran was determined to be unemployable due to his service-connected disabilities but failed to meet the criteria for a TDIU based on these disabilities alone.