Hearing loss decisions — 2018

The Board denied the Veteran's claims of service connection for left knee disability, bilateral hearing loss, and obstructive sleep apnea (claimed as secondary to PTSD and medication for a service-connected back disability). The Board found no evidence of chronic conditions in service that could be linked to current disabilities.

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

The Veteran's claim for special monthly compensation by reason of being housebound was denied because none of his service-connected disabilities are rated as 100 percent disabling independently, and the threshold schedular requirement for housebound under any theory is not met.

The Veteran's service-connected bilateral hearing loss is currently rated as noncompensable, and the Board finds that his audiometric results do not warrant a higher rating.

The Board has granted service connection for right foot achilles tendon condition, hearing loss, and tinnitus. These conditions are deemed to have originated during military service.

The Veteran's service-connected conditions did not cause his death from Parkinson's disease. The Board denied the claim as there was no evidence that any of his service-connected disabilities contributed to his death.

The Veteran's service-connected disabilities do not render him unable to independently perform daily functions of self-care or unable to protect himself from the hazards and dangers incident to his daily environment, thus denying special monthly pension based on need for regular aid and attendance.

The claim for service connection of left ear hearing loss is reopened and remanded. The claim for compensation under 38 U.S.C. § 1151 for residuals of left ear surgery is also remanded.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current diagnosis of a hearing loss disability. The Board finds the Veteran's assertions regarding hearing loss are not competent evidence.,Service connection for tinnitus is granted based on in-service noise exposure and continuity of symptomatology.,For eczema, the Veteran's claim is remanded as the rating assigned (30%) does not reflect the extent of his skin condition.

The Veteran's claims for service connection for a left ear hearing loss disability, tinnitus, diabetes mellitus type II, lumbar spine disability, bilateral knee disability, and an acquired psychological disorder (including PTSD and depression) are all granted. The Veteran is also granted a compensable rating for his right ear hearing loss disability.

The Veteran's claim for a higher rating for bilateral hearing loss in excess of 30% prior to November 9, 2015 was denied. A 40% disability rating is granted from November 9, 2015 to May 16, 2017. The claim for an increased rating beyond 70% disabling after May 16, 2017 was also denied.

The Veteran's bilateral hearing loss is currently rated as noncompensable, with the most recent audiometric test showing Level I hearing in both ears. The Board found that this rating adequately reflects his functional hearing impairment.

The Board has remanded the case for further action due to mischaracterization of a VA examiner's opinion and failure to consider evidence regarding the Veteran's loss of his commercial driving license.

The Board has remanded the claim of entitlement to an initial compensable disability rating for a bilateral hearing loss disability due to new evidence received since the July 2016 SOC.

The Veteran's hearing loss disability was previously rated at 30 percent from July 8, 2010 until July 26, 2012. The Board has determined that the current evidence does not support a higher rating and remands for further examination to determine if a higher rating is warranted.

The Board has remanded the claims of service connection for major depressive disorder, bilateral hearing loss, headaches (secondary to sleep apnea), an acquired psychiatric disorder (including major depressive disorder and anxiety) secondary to service-connected disabilities, a higher rating for sleep apnea, and a compensable rating for postoperative ventral hernia. The Veteran's claim for reopening of the previously denied claim of service connection for major depressive disorder has been granted.

The Veteran's claims for service connection for bilateral hearing loss disability and tinnitus have been denied as there is no evidence of a current disability or in-service incurrence. The Veteran's claim for an increased rating for residuals of fracture, fourth digit with deformity, left hand has also been denied.

The Veteran's appeal for service connection and increased ratings on multiple conditions has been dismissed due to the Veteran's withdrawal of the appeal.

The Board denied the Veteran's claims for an earlier effective date for his TDIU and CUE, finding no clear and unmistakable error in the April 1999 rating decision.

The Board has granted service connection for a sinus condition, finding that the Veteran's current diagnosis is related to his military service. However, it denied service connection for bilateral hearing loss and tinnitus, concluding that there is no evidence linking these conditions to his time in service.,Service connection was not established for bilateral hearing loss or tinnitus due to lack of a nexus between the conditions and service.