Hearing loss decisions — 2017

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) prior to April 21, 2009 was denied as his service-connected disabilities did not render him unable to secure and follow substantially gainful employment.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, granting service connection for both conditions.

The Veteran's service-connected disabilities, either individually or through their combined-effect thereof, do not preclude him from securing and following a substantially gainful occupation consistent with his education and work experience.

The Board has granted service connection for bilateral hearing loss but denied service connection for bilateral shin splints.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess his current bilateral hearing loss disability.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, vision disability, a respiratory disability (COPD), a nerve disability (PVD or right L3 radiculopathy), and a skin disability. The appeals were decided on the basis that there was no evidence of in-service injury or disease related to these conditions.

The Board has granted service connection for tinnitus, major depressive disorder (MDD), and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected lumbar spine disability. Service connection for bilateral hearing loss was not granted.

The Veteran's claims for service connection for various conditions, including hearing loss disability of the right ear and an initial compensable rating for hearing loss disability of the left ear, have been denied. The Veteran has not presented evidence of current disabilities or a nexus to service.

The Board has remanded the case due to a scheduling issue for a videoconference hearing. The Veteran's claims for service connection for psychiatric disorder and bilateral hearing loss are still pending.

The Board denied the Veteran's claims for higher initial ratings for diabetes mellitus and bilateral hearing loss, finding that the evidence did not support a rating in excess of the current noncompensable or zero percent ratings.

The Board has remanded the case due to conflicting medical opinions and a need for further examination. The Veteran's hearing loss and tinnitus are being reviewed again to determine if they are related to service.

The Board finds that the evidence is in equipoise as to whether the Veteran's current bilateral hearing loss disability is related to his active service, and thus grants service connection for this condition.

The Board found that the Veteran's currently diagnosed bilateral sensorineural hearing loss did not meet the criteria for service connection as it was not incurred in or aggravated by active military service, and there is no evidence of continuity of symptoms since service.

The Veteran's claim for a higher rating for bilateral hearing loss was denied. The claim for tinnitus, however, resulted in a grant of service connection with an initial noncompensable rating that was later increased to 10 percent effective December 29, 2011.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and records.

The Veteran's bilateral hearing loss disability was increased to a 40 percent rating effective December 7, 2015. The VA examination revealed no improvement in her hearing acuity.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding no evidence of in-service noise exposure or current disabilities.

The Board has granted service connection for bilateral hearing loss and remanded the remaining issues on appeal due to inadequate examination reports.

The Board found that the Veteran's bilateral hearing loss was incurred due to acoustic trauma during periods of Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA). The claim is granted.

The Board has determined that the Veteran's claims of entitlement to service connection for acid reflux and sleep apnea have been withdrawn. The Veteran does not have a current hearing loss disability in his right ear, but he has left ear hearing loss for VA purposes. However, as this condition is not shown within one year following discharge from service, it cannot be presumed to have been incurred therein. Tinnitus was also not shown during service or within the first post-service year and thus cannot be presumed to have been incurred in service.