Hearing loss decisions — 2017

The Veteran is service-connected for multiple disabilities, including ischemic heart disease, coronary artery disease, cardiomyopathy (heart conditions), diabetes mellitus, diabetic peripheral neuropathy of all four extremities, tinnitus, and bilateral hearing loss. The Board finds that the evidence is in relative equipoise as to whether these service-connected disabilities render him unemployable, thus granting a TDIU.

The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran did not have a current disability or evidence of in-service incurrence or aggravation. The decision also found that the evidence was at least in equipoise as to whether the Veteran's tinnitus had its onset in service.

The Veteran's appeals for a compensable rating for left ear hearing loss prior to April 18, 2016 and an initial rating for bilateral hearing loss beginning on and after April 18, 2016 were denied. The appeal regarding entitlement to a temporary total evaluation for convalescence following treatment of a service-connected disability was not adjudicated.

The Veteran's claims for service connection for bilateral hearing loss and a bilateral wrist disability were denied. The lumbar spine disability was granted with an initial rating of 20 percent, effective August 1, 2009. The left lower extremity radiculopathy claim resulted in no change to the existing 10 percent rating.

The Veteran's bilateral sensorineural hearing loss disability was rated at 70 percent prior to July 7, 2010 and increased to 80 percent thereafter. The effective date for the increased rating is not specified.

The Board found that the Veteran's current right ear hearing loss was not incurred during or as a result of in-service noise exposure, and thus denied his claim for service connection.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and chronic ear infections, as well as her increased rating claims for migraine headaches, radiculopathy of the lower extremities, and spondylolisthesis L5-S1. The decision also addressed a TDIU claim but found jurisdiction over it.

The Veteran's chronic suppurative otitis media and right ear hearing loss have been granted a compensable disability rating, with the effective date being November 28, 2011.

The Board has determined that the Veteran's right knee condition is secondary to his service-connected left knee condition and granted service connection for this issue. The hearing loss claim will be remanded for further examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, conducting a VA audiology examination to determine the current severity of his bilateral hearing loss, and scheduling him for a VA left shoulder disability examination. The TDIU claim will also be reviewed.

The Board has remanded the case for further development due to the Veteran's incarceration, which has hampered VA's duty to assist. The Veteran seeks service connection for various conditions including head injury, depression, hearing loss, tinnitus, headaches, PTSD, substance abuse, genital herpes, hepatitis C, and joint and muscle pain.

The Board has determined that additional development is needed before the claims can be fully adjudicated.

The Veteran's bilateral hearing loss disability was rated as noncompensable prior to October 13, 2011. From that date forward, the disability is rated at 10 percent.

The Veteran's mood disorder has been productive of occupational and social impairment, with deficiencies in most areas but not total occupational and social impairment. The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities.

The Board found that the Veteran's tinnitus, bilateral hearing loss, spine disorder, left leg and foot disorder (to include as secondary to a spine disorder), intestinal blockage, hypertension, thyroid disorder, nerve damage of the bilateral hands, and nerve damage of the right leg were not incurred in or aggravated by service.

The Veteran's claim for bilateral hearing loss was granted. The appeal for an earlier effective date for the award of service connection for hemorrhoids was also granted and the effective date is set to April 7, 2006.

The Veteran's appeals for restoration of an 80% disability rating for service-connected bilateral hearing loss and entitlement to a TDIU have been withdrawn prior to the Board's decision.

The Board found that the Veteran did not have a current hearing loss disability or tinnitus, and thus was not entitled to service connection for these conditions. As a result, the Appellant is not eligible for accrued benefits related to these claims.

The Board has determined that there is no evidence of a current disability for any of the claimed conditions and finds that service connection cannot be established as the Veteran did not have a disease or injury in service that caused or aggravated these disabilities.

The Veteran's bilateral hearing loss was evaluated as zero percent disabling, and the Board found no evidence of exceptional hearing patterns or other factors warranting a higher rating.