Hearing loss decisions — 2017

The Veteran's claim for an increased initial rating for bilateral hearing loss is being remanded due to the need to obtain audiometric test results from a VA healthcare system.

The Board found that the Veteran's hearing loss has not approximated the criteria for a compensable evaluation under the applicable rating schedule.

The Board found that the reduction of the Veteran's 40 percent rating for bilateral hearing loss to a noncompensable rating was proper based on improvement in his hearing condition.

The Veteran withdrew his claims for service connection for TMJ, prostatitis, atherosclerotic cardiovascular disease, a left elbow disability, GERD, migraines (to include as secondary to obstructive sleep apnea), right ear hearing loss, and hypertension during his October 2016 Board hearing.

The Board has determined that service connection for bilateral hearing loss disability and tinnitus is not warranted as the Veteran does not have a current disability as defined by VA regulations.

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

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to his military service, including noise exposure.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation at all times during the pendency of the appeal.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a TDIU.

The Veteran's bilateral hearing loss has not manifested to a degree greater than 40 percent disabling at any point on appeal. The claim for an initial disability rating in excess of 40 percent for bilateral hearing loss is denied.

The Board found that the reduction from a 30 percent rating to a 0 percent rating for bilateral hearing loss was proper, as there was improvement in the Veteran's hearing acuity. The initial 30 percent rating has been maintained.

The Veteran's tinnitus and bilateral hearing loss are related to his military service, while the low back disorder and right shoulder disorder are not. The Board has granted service connection for these conditions.

The Board has remanded the case for further development and readjudication, including consideration of all evidence received since the August 2011 Statement of the Case.

The Board denied the Veteran's claims for service connection for right side pain, a bilateral lower extremity peripheral nerve condition, vertigo, fatigue, and right ear hearing loss. The evidence did not establish that these conditions were incurred in or aggravated by military service.

The Veteran's appeal is being remanded for further development, including obtaining clarification of the audiometric examination results from a private audiologist who conducted three audiograms.

The Veteran's claim for a higher rating for bilateral hearing loss prior to June 27, 2017, and in excess of 40 percent afterwards was denied. The Board found that the evidence did not support a finding warranting an increased rating.

The Veteran's service-connected bilateral hearing loss and tinnitus were evaluated, with the hearing loss rated at 30 percent effective November 6, 2013. The tinnitus was assigned a maximum 10 percent rating.

The Veteran's tinnitus is related to his military service and the claim for service connection for tinnitus has been granted. The claims for bilateral hearing loss and a skin disability are being remanded for further development.

The Board has determined that new and material evidence has been received to reopen the previously denied claims of service connection for bilateral hearing loss and tinnitus. The Veteran's tinnitus is found to be related to his in-service noise exposure, and thus service connection is granted.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Veteran was not granted a higher rating for his tinnitus or an earlier effective date for the grants of service connection for bilateral hearing loss and tinnitus.