Hearing loss decisions — 2017

The Veteran's claim for special monthly compensation (SMC) at the housebound rate since August 1, 2010 is denied as he does not meet the criteria for SMC under VA regulations.

The Board denied an increased initial rating for bilateral hearing loss on an extraschedular basis. The Veteran's appeal of this decision is pending before the Court, and a remand to the AOJ to schedule him for a videoconference hearing has been ordered.

The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current hearing acuity did not meet VA compensation criteria for a disability. The claims were based on direct evidence of in-service noise exposure without additional medical nexus.

The Board has granted service connection for left ear hearing loss, finding that the Veteran's in-service noise exposure likely caused his current condition. The issues of asthma and COPD due to asbestos exposure are remanded for further development.

The Board found that the Veteran's current bilateral hearing loss is not related to his military service, as there was no evidence of chronic hearing loss during or within one year after service. The VA audiological examinations and opinions did not support a finding of a nexus between the Veteran's current condition and his in-service noise exposure.

The Board has granted service connection for bilateral upper and lower extremity peripheral neuropathy, right ear hearing loss, left ear hearing loss, and tinnitus. The back disability claim is being remanded.

The Veteran's service-connected disabilities, including PTSD, scars, tinnitus, and bilateral hearing loss, have rendered him unemployable due to his education and occupational experience.

The Veteran's overpayment of $6,852.00 was created due to his failure to notify VA of the death of his wife S.S.L., resulting in an overpayment for her additional benefits. The Board found that the Veteran had fault and contributed to the creation of the debt, but also noted that recovery would not violate equity and good conscience as it did not deprive him or his family of basic necessities.

The Veteran's lumbar spine disability is rated at 40 percent, and he has met the schedular criteria for a TDIU as of August 1, 2010.

The Board found that the Veteran's bilateral hearing loss did not have its onset in active service and is not otherwise the result of a disease or injury incurred in active service. Therefore, the claim for service connection for bilateral hearing loss was denied.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied, and his TDIU claim was also denied as there is no indication that his service-connected disabilities prevent him from securing or maintaining substantially gainful employment.

The Veteran's tinnitus was first manifested during service and is presumed to have been incurred therein. The Veteran does not currently have a right ear disorder other than hearing loss.

The Veteran's hearing impairment has been no worse than Level II in both ears, resulting in a noncompensable rating for bilateral hearing loss. The Board denied the claim as the evidence did not support a higher evaluation.

The Board has ordered additional development to address the Veteran's claims for service connection and TDIU, including obtaining updated VA treatment records, private medical records, and arranging for an orthopedic examination of his right knee.

The Board found that the reduction from 20 percent to 10 percent for bilateral hearing loss was proper, and denied the Veteran's claim for TDIU.

The Veteran's service connection claims for IBS, GERD, and erectile dysfunction have been granted. The claim for bilateral hearing loss disability is denied. Service connection has also been established for a low back disability and a headache disability (to include as due to 8th nerve damage).

The appellant's appeal for service connection for a right knee disorder has been withdrawn. The Board is dismissing the issue as it no longer exists in appellate status.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his military service, and thus denied both claims.

The Veteran's claims for service connection were denied. The Board will address the issues on remand.

The Board has remanded the case due to missing or incomplete records, including treatment records and documentation of Medicare Part B payments. The Veteran is asked to provide information about his medical care providers and payment history.