Hearing loss decisions — 2017

The Veteran's bilateral hearing loss is rated at 30 percent prior to March 29, 2016, and at 40 percent thereafter. The Board found that the symptoms are adequately contemplated by the schedular rating criteria.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling examinations to determine the etiology of the Veteran's hearing loss, tinnitus, low-back, and right-hip disabilities.

The Veteran's bilateral hearing loss disability, rated at 40 percent since August 6, 2012, is not found to warrant an increased rating.

The Board found that the Veteran's bilateral hearing loss did not warrant a compensable disability rating, and his claim for service connection of sleep apnea was denied as it did not manifest during or as a result of military service.

The Veteran's representative has withdrawn all appeals for increased ratings for bilateral hearing loss and seborrheic dermatitis, effectively dismissing the appeal.

The Board finds that the Veteran's current bilateral hearing loss disability is not related to his military service, as there was no significant threshold shift in hearing acuity at both entrance and separation from service. The Veteran did not report any hearing difficulty during his separation examination.

The Board has determined that the Veteran's right ear hearing loss is related to his in-service noise exposure during combat service, and thus grants service connection for this disability.

The Veteran's tinnitus is currently assigned a 10 percent evaluation, which is the maximum rating authorized for tinnitus under Diagnostic Code 6260. The Veteran's service-connected bilateral hearing loss and otitis media with perforated tympanic membrane have not been rated appropriately.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his bilateral hearing loss and updated VA treatment records are needed. The case will be readjudicated after these actions.

The Board has determined that the Veteran's service-connected bilateral hearing loss does not warrant a disability rating in excess of 10 percent, as his audiometric results do not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities, including depression, intervertebral disc syndrome of the cervical spine, migraines, and other conditions, have rendered him in need of aid and attendance. He is therefore granted special monthly compensation based on a demonstrated need for such assistance.

The Board finds that the Veteran's service-connected disabilities, particularly his back and lower extremity conditions, cause him to be in need of regular aid and attendance. As such, the claim for special monthly compensation based on the need for regular aid and attendance is granted.

The Veteran's right ear hearing loss is found to be service-connected due to in-service noise exposure. The Veteran does not have a current left ear hearing loss disability for VA purposes.

The Board denied referral for extraschedular consideration of the Veteran's bilateral hearing loss, finding that the disability is adequately described by the schedular criteria and does not present an exceptional or unusual disability picture with related factors such as marked interference with employment or frequent periods of hospitalization.

The Veteran's service-connected diabetes mellitus (DM) did not cause or aggravate his bilateral peripheral neuropathy of the upper extremities.,The Veteran's mild nuclear sclerotic cataracts are not related to his DM.

The Board has determined that additional development is needed to determine the etiology of the Veteran's bilateral hearing loss, including consideration of his in-service acoustic trauma. The case will be remanded for further action.

The Veteran's bilateral hearing loss is manifested by no worse than Level II hearing in the right ear and Level III hearing in the left ear, resulting in a non-compensable disability rating. The Board finds that the medical evidence does not support an award of a compensable initial rating.

The Board has remanded the case for additional development, including obtaining a VA examination and providing notice of secondary service connection requirements.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment during the period between May 5, 2003 to August 26, 2004. Therefore, his claim for TDIU is denied.

The Veteran does not have a current hearing loss in the right ear as per VA standards, and therefore service connection for right ear hearing loss is denied.