Hearing loss decisions — 2017

The Veteran's right ear hearing loss and PTSD have been granted service connection. The depression claim is still pending as new evidence has not been received to reopen the claim.

The Veteran's bilateral hearing loss and tinnitus are currently evaluated at the minimum schedular rating of 10 percent. The Board finds that a higher evaluation is not warranted as there is no evidence to support an increase in disability level beyond what is already reflected by the current evaluations. For TDIU, the Veteran does not meet the criteria due to his service-connected disabilities preventing him from securing and following any substantially gainful employment.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran experienced continuous symptoms of bilateral hearing loss and tinnitus since his active service. Therefore, the criteria for service connection are met.

The Board has remanded the Veteran's claims for additional development due to a misplaced portion of his file. The case will be returned to the AOJ for further action.

The Board has remanded the case for a supplemental VA opinion to address whether the Veteran's current bilateral hearing loss and tinnitus are etiologically related to in-service noise exposure.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, as well as a new VA examination to assess his hearing loss and tinnitus.

The Board has remanded the case due to technical difficulties with the previous hearing and offers the appellant another opportunity for a video-conference hearing.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development and readjudication of his claims regarding the ratings for right ear hearing loss and bilateral hearing loss.

The Veteran's appeal is being remanded for further development, including obtaining additional medical opinions and records. The issues of service connection for left ear hearing loss and right knee chondromalacia patellae with acute knee sprains are being addressed.

The Board has reopened the claim of service connection for a left knee disability and granted it. The Veteran's hearing loss is also found to be service-connected.

The Veteran's service-connected bilateral hearing loss has been rated as 20 percent disabling since April 4, 2013. The Board finds that the evidence does not support a higher rating prior to this date.

The Board has determined that the Veteran's bilateral hearing loss started in service and has continued since discharge from active duty, granting his claim for service connection.

The Veteran's service-connected PTSD, rated at 70 percent disabling since April 22, 2016, has rendered him unable to secure or maintain substantially gainful employment.

The Veteran's claim for a higher initial rating for lumbosacral spine disability was granted, with the highest possible evaluation of 40 percent assigned. The claim for service connection for bilateral hearing loss is pending and not addressed in this decision.

The Veteran is seeking an earlier effective date for the award of a TDIU, but his service-connected disabilities did not meet the schedular criteria for such before March 15, 2009. The case is being referred to VA's Director of Compensation and Pension (C&P) for consideration of entitlement to a TDIU under the provisions of 38 C.F.R. § 4.16(b).

The Veteran's bilateral hearing loss is currently rated at 10 percent, effective March 12, 2015. The claim for an increased rating has been granted.

The Veteran's appeal is being remanded due to technical issues with the audio recording of his November 2016 hearing. He will be scheduled for a Travel Board Hearing at his local RO.

The Veteran's appeal has been withdrawn for the issues of entitlement to service connection for headaches and bilateral hearing loss. The Board finds that the Veteran has tinnitus that had its onset during his period of service, warranting service connection.

The Veteran's appeal is being remanded for a new medical opinion to adjudicate his claim for service connection for bilateral hearing loss. The case will be returned to the Board if further action is required.