Hearing loss decisions — 2017

The Board has remanded the case for further explanation of the attorney fee award, as the AOJ failed to provide a detailed basis for the $2,590.60 in attorney fees awarded.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the severity of his thoracic spine disability and whether his hearing loss was permanently aggravated during service.

The Veteran does not have a left ear hearing loss disability for VA purposes that is related to active service.

The Veteran's bilateral hearing loss, when evaluated using the VA rating criteria, warrants a 20% disability rating effective January 29, 2015. The current non-compensable rating is found to be inadequate given the severity of his symptoms.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, right ear hearing loss, sleep apnea, and left ear hearing loss. The claim for right ear hearing loss was reopened based on new evidence, but service connection was not granted.

The Veteran's increased rating claim for right ear hearing loss has been denied as there is no evidence of an increase in disability within the year prior to his September 2008 increased rating claim, and audiometric testing results have never shown more than Level II hearing loss in either ear.

The Board has remanded the case for compliance with a Court order, specifically to obtain treatment records from Dr. Paszkowiak regarding bilateral hearing loss.

The Veteran's appeal for service connection for bilateral hearing loss has been dismissed due to the death of the appellant.

The Veteran's service-connected bilateral hearing loss has been rated at a noncompensable level prior to March 26, 2009. Since then, the disability is rated as 10 percent disabling.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are related to his in-service acoustic trauma. Service connection for GERD secondary to PTSD and diabetes mellitus, type II is also granted. The issue of service connection for umbilical hernia remains pending as it is not clear if it is directly related to service-connected conditions or if it is a separate condition.

The Board has granted service connection for anxiety disorder and reopened the claim of entitlement to service connection for bilateral hearing loss, both effective from December 3, 2008.

The Veteran's appeal for increased ratings for bilateral hearing loss disability prior to February 22, 2013 and beyond that date was denied. The evidence did not support a higher rating based on the audiometric findings.

The Veteran's bilateral hearing loss was rated at 30 percent effective May 24, 2016.

The Board found that the Veteran's current right ear hearing loss is related to his in-service noise exposure and granted service connection for this condition.

The Board has remanded the case for additional development, including obtaining private and VA treatment records, verifying in-service stressors, and providing the Veteran with a VA examination to determine the nature and etiology of his acquired psychiatric disorder, hypertension, bilateral hearing loss disability, bilateral tinnitus, and back disability.

The Veteran's bilateral hearing loss has been evaluated as noncompensable throughout the appeal period, with no evidence of worsening or additional disability.

The Board denied service connection for bilateral hearing loss and renal cell carcinoma, as well as secondary service connection for lytic lesions of the cervical spine, left hip, lumbar spine, right shoulder, and skull. The Veteran's claims were based on presumed exposure to herbicide agents in Vietnam.

The Veteran's claim for an effective date earlier than August 23, 2013 for the grant of a total disability evaluation based on individual unemployability (TDIU) was denied as he did not meet the schedular criteria for TDIU prior to that date.

The Board has determined that the Veteran's bilateral hearing loss and spermatocelectomy scar on the scrotum do not meet the criteria for a compensable evaluation under VA rating criteria.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and service treatment records. A new examination is also required for his PTSD and bilateral knee conditions.