Hearing loss decisions — 2017

The Veteran's claim for an effective date prior to October 10, 2013 for the award of a total disability rating based upon individual unemployability (TDIU) has been denied as there is no persuasive medical or lay evidence showing he was unable to obtain and maintain substantially gainful employment due to his service-connected disabilities within one year before the date of his claim.

The Board has dismissed the appeal as the Veteran did not file a timely substantive appeal for the issue of entitlement to an increased disability rating for bilateral sensorineural hearing loss.

The Board has determined that the Veteran's bilateral hearing loss does not meet or approximate the criteria for a compensable rating under VA's Schedule for Rating Disabilities.

The Veteran's bilateral hearing loss is at least as likely as not related to his active service, and the Board finds that he should be granted service connection for this condition.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not caused by or aggravated by service, nor did they manifest to a compensable degree within one year of service separation. Therefore, service connection for these conditions is denied.

The Veteran's claims for earlier effective dates and increased ratings for bilateral hearing loss have been denied. The earliest possible effective date for a grant of service connection for left ear hearing loss is February 8, 2011, as that was the first date he met the statutory criteria for a hearing loss disability. For right ear hearing loss, the Veteran did not meet the statutory criteria prior to June 29, 2009, and thus no earlier effective date can be granted. The Veteran's bilateral hearing loss has been rated at Level I since February 8, 2011.

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

The Veteran's bilateral hearing loss is currently rated at 50 percent since June 23, 2017. The appeal has been denied as the criteria for a higher rating are not met.

The Veteran's appeal is being remanded for additional development, including a VA examination and referral to the Director of Compensation Service for extraschedular consideration due to complaints of social isolation related to his hearing loss.

The Veteran's appeal for increased ratings for bilateral hearing loss was denied as his disability did not warrant a rating in excess of the current assigned ratings.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for further development, including a VA examination.

The Board has determined that the Veteran's service connection claims for COPD, carpal tunnel syndrome, peripheral neuropathy, and bilateral hearing loss are granted. The decision is based on the evidence showing a relationship between these conditions and his military service.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are at least as likely as not related to his military service. Service connection was also granted for bilateral foot neuropathy and hypertension based on direct evidence of a link between these conditions and service.

The Veteran's claims for bilateral hearing loss, tinnitus, and traumatic brain injury have been denied. Service connection has been established for anemia.

The Veteran's CUE claim for Section 1151 benefits for osteoporosis was dismissed due to lack of specific and particularized allegations. The claims for bilateral hearing loss and tinnitus were not reopened as the submitted evidence did not raise a reasonable possibility of substantiating these conditions.,The cause of death claim was denied because there is no evidence linking the Veteran's lung cancer with service-connected disabilities or exposure to Agent Orange. The DIC benefits claim was also denied due to lack of total disability rating for at least 10 years prior to death.

The Veteran's seborrheic rash and left ear hearing loss have been rated as noncompensable, with no compensable rating assigned for the entire appeal period.,Service connection for allergies has not been established due to a dishonorable discharge from service.

The Veteran's claims for service connection are being reopened, but further development is needed to assess the presence and severity of any disabilities.

The Board has determined that the Veteran's bilateral hearing loss is etiologically related to in-service noise exposure, and thus service connection for this condition is granted.

The Board denied the Veteran's claim of service connection for bilateral hearing loss, finding that new and material evidence had not been received to reopen his previously denied claim.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical records and providing additional opinions.