Hearing loss decisions — 2018

The Board denied reopening the claims of sleep apnea and bilateral hearing loss due to lack of new and material evidence.

The Board has decided to remand the case for additional development, including obtaining a new medical opinion and reviewing all relevant evidence.

The Veteran's PTSD is rated at 50 percent, effective March 1, 2012. His bilateral hearing loss disability is rated at 20 percent, also effective March 1, 2012.

The Board finds that the Veteran's bilateral hearing loss did not manifest during or as a result of active military service and is therefore denied.

The Board has determined that the Veteran's bilateral hearing loss is service connected, with noise exposure during military service as a contributing factor.

The Board has determined that a remand is necessary to obtain an updated VA examination for the Veteran's bilateral hearing loss claim, as there are discrepancies in the rationale of the previous VA examiner.

The Veteran's service-connected disabilities, including PTSD with MDD and adenocarcinoma of the lung, prevent him from securing or following gainful employment. The Board finds that he is entitled to a TDIU rating.

The Veteran's appeal for service connection for bilateral hearing loss disability has been dismissed as the appellant withdrew his appeal in April 2018.

The Veteran's claim for an initial rating in excess of 10 percent for his bilateral hearing loss disability is being remanded due to the need for a new VA examination and clarification from private audiologists regarding speech discrimination testing.

The Veteran's hearing loss and tinnitus are related to noise exposure during service, and the Board finds that his PTSD is also related to in-service stressors. The right ankle disability has been granted a rating of 10 percent.

The Board has denied the Veteran's claims for a compensable initial rating for right ear hearing loss and service connection for left ear hearing loss, finding that there is no evidence of in-service noise exposure or delayed onset of hearing loss.

The Board found that the Veteran's bilateral hearing loss and tinnitus are not related to service, as there was no evidence of chronic symptoms within one year post-service and no current medical opinion linking these conditions to in-service noise exposure. The claims were therefore denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Englewood Community Hospital on December 11, 2013 is denied as the treatment did not constitute a medical emergency and a VA facility was feasibly available.

The Board denied the Veteran's claims for service connection for bilateral sensorineural hearing loss, tinnitus, and major depressive disorder (MDD). The decision found that new and material evidence had not been received to reopen any of these claims. Additionally, it was determined that MDD is not related to military service.

The Board has determined that the Veteran's current diagnoses of bilateral hearing loss and tinnitus are related to his exposure to hazardous noise levels during service, and thus grants service connection for these conditions.

The Veteran's bilateral hearing loss is found to be etiologically related to his military service, and the Board grants service connection for this condition.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.

The Veteran was granted a 30 percent rating for bilateral hearing loss from January 15, 2014 to September 20, 2016. The Board found the evidence insufficient to support higher ratings during this period.

The Board has determined that the appellant's current bilateral hearing loss disability is related to noise exposure he experienced during active service, and therefore grants service connection for this condition.

The Veteran's hearing acuity was no worse than Level IV in the left ear and Level III in the right ear, resulting in a 10 percent disability rating for bilateral hearing loss. The Board found that a higher rating is not warranted.