Hearing loss decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and rescan of service treatment records. The case will be readjudicated to determine if the Veteran meets the schedular criteria for TDIU under 38 C.F.R. § 4.16(a).

Your claim for service connection for left ear hearing loss has been granted, and you are now receiving a 10% disability rating effective January 23, 2015.

The case is being remanded for additional development due to new evidence and potential clarification on the Veteran's hearing at a previously scheduled Board hearing.

The Board has determined that an effective date prior to November 18, 2014 for the 20 percent disability rating for bilateral hearing loss is not warranted. The Veteran's claim was received on November 18, 2014 and he did not submit a substantive appeal within 60 days of receiving the statement of the case in November 2013. Therefore, the effective date remains at November 18, 2014.

The Board has determined that the Veteran's bilateral hearing loss is at least as likely as not related to his service, and therefore grants service connection for this condition.

The Board has granted service connection for a torn left bicep disability, but denied the Veteran's claims for right ear hearing loss and other disabilities. The remaining issues are remanded.

The Veteran's service-connected degenerative disc disease of the thoracolumbar spine has rendered him unable to secure or follow a substantially gainful occupation. The preponderance of evidence shows that his bilateral hearing loss did not manifest during service or within one year after service, and is not causally related to noise exposure in service.

The Board has granted a 100% schedular rating for schizoaffective disorder and entitlement to Dependents' Educational Assistance (DEA) benefits since October 18, 2001. The effective date of service connection for the psychiatric disability is also set at this date.

The Board has denied the Veteran's claims for service connection for tinnitus and right ear hearing loss, finding no current disability in either case. The claim for an initial compensable evaluation for left ear hearing loss is also denied.

The Veteran's appeal is denied as the Board finds no evidence of a current right rib disability. Service connection for bilateral hearing loss and left ankle DJD are established, but not service connected. The Veteran's claim for increased ratings for his service-connected disabilities remains pending.

The Veteran has withdrawn his appeals regarding increased ratings for PTSD, bilateral hearing loss, and varicose veins of the left leg. As a result, these claims are dismissed.

The Board found that the Veteran's bilateral hearing loss did not manifest during or as a result of active military service and concluded that it was less likely than not incurred in or caused by his military service.

The Board's May 2013 decision is dismissed as the Veteran did not provide a clear and specific allegation of CUE in any of the issues decided.

The Veteran's need for special monthly compensation based on Aid and Attendance/Housebound has been established, as he is in need of regular aid and assistance due to his service-connected disabilities. The spouse's need for aid and attendance allowance has also been granted.

The Board has remanded the case for further development, including obtaining updated medical records and readjudicating the Veteran's claims of increased rating for bilateral hearing loss and TDIU. The case will be returned to the Board after this is completed.

The Board has remanded the case for additional development due to inconsistencies in the medical opinions and need for clarification regarding the Veteran's exposure to noise during service.

The Veteran is seeking an initial compensable rating for bilateral hearing loss prior to December 5, 2016 and a higher rating thereafter. The case must be remanded to obtain additional VA records.

The Veteran's service-connected disabilities do not render him unemployable, as he has been self-employed for over thirty years and missed an average of 4-6 days a month due to his conditions. The evidence does not show marked interference with employment.

The Board has remanded the case for a new VA examination to determine if the Veteran's current bilateral hearing loss is related to service, specifically addressing whether it could have developed after service or was so slight as not to be detected during service.

The Veteran's service-connected bilateral hearing loss and right thigh contusion with numbness are not rated higher than noncompensable, as the evidence does not support a finding of more severe impairment.