Hearing loss decisions — 2018

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current hearing loss is related to noise exposure during service.

The Board denied the Veteran's claim of service connection for bilateral hearing loss, finding that there was no evidence linking his current hearing loss to his military service. The first objective clinical documentation of hearing loss was in May 2015, approximately 24 years after service separation.

The Veteran's bilateral hearing loss disability has been manifested by loss of hearing acuity measured at no worse than Level II in the right ear and Level IV in the left ear. The Board finds that the preponderance of the evidence is against assignment of a compensable rating for hearing loss during any period at issue in this appeal.

The Veteran's bilateral hearing loss has been rated at 10 percent since February 2012. The Board finds that a new examination is needed to assess the severity of his hearing loss.

The Veteran's lumbar spine disability, bilateral hearing loss, and gastrointestinal disability are all remanded for further development. The sinusitis and gastrointestinal issues have been remanded as well.

The Veteran's claims for service connection for hearing loss, tinnitus, prostate cancer (claimed as secondary to herbicide exposure), and an eye condition are remanded due to the need for additional development. Specifically, a VA examination is required to determine if the Veteran has hearing loss that meets VA criteria, and whether his prostate cancer may be related to his service-connected thyroid disability.

The Board denied the Veteran's claims of service connection for lumbar strain, right ear hearing loss, PTSD, and bilateral hip disability as new and material evidence was not submitted to reopen these previously denied claims.

The Board denied the Veteran's claim for a compensable rating for bilateral hearing loss and remanded the issue of an increased disability rating for his left knee disability.

The Board has decided to remand the Veteran's claim for a compensable rating prior to May 5, 2016, and in excess of 20 percent thereafter for bilateral hearing loss due to missing treatment records. The AOJ is instructed to obtain all outstanding records, including the July 2014 VA audiogram display and updated VA treatment records from March 2016 to the present.

The Veteran's major depressive disorder is granted as secondary to his service-connected disabilities. The effective dates for the service connection of bilateral hearing loss and tinnitus are denied.

The Board has granted service connection for right ear hearing loss, finding that the Veteran's current hearing loss is related to in-service noise exposure. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's claim for an initial compensable rating for service-connected bilateral hearing loss is remanded due to the need for updated VA examination and treatment records.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for inguinal hernia. The claims for back disorder, bilateral hearing loss, tinnitus, myeloma, peripheral neuropathy (left upper extremity), peripheral neuropathy (left lower extremity), radiculopathy (right lower extremity), and an acquired psychiatric disorder (major depressive disorder and posttraumatic stress disorder) are remanded.

The Veteran's bilateral hearing loss has worsened since his last VA examination in August 2010. The Board has remanded the case to schedule him for a VA examination and consider whether he is entitled to TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's claims for PTSD, bilateral hearing loss and tinnitus, diabetes mellitus (type II), prostate disability (secondary to herbicide exposure), lung disability, and initial rating in excess of 70 percent for PTSD, major depressive disorder, and generalized anxiety disorder have been granted. The effective date for the grant of service connection for PTSD is February 9, 2012, while the effective dates for bilateral hearing loss and tinnitus are May 9, 2017.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's service-connected PTSD or pain from his other disabilities caused or aggravated his heart disease, which was the cause of death.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence linking his current disability to his military service.

The Board has remanded the cases due to issues related to CUE in previous rating decisions, and the current appeal is considered inextricably intertwined with these matters.

The Board has determined that the Veteran's residuals, cuboid fracture of left foot and bilateral hearing loss are related to his active service. However, further examination is needed as the current evidence does not reflect the severity of these conditions.