Hearing loss decisions — 2018

The Board has determined that additional development is needed to address the Veteran's claims for service connection for hearing loss, tinnitus, a heart disorder, and otitis media. This includes obtaining post-service medical records, scheduling examinations by appropriate specialists, and determining if there is any relationship between these conditions and military service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his active service, with reasonable doubt resolved in favor of the Veteran. As such, the claims for service connection have been granted.

The Board has remanded the case due to the need for a VA examination regarding the etiology of the Veteran's bilateral hearing loss and tinnitus, which are claimed as related to his periods of active duty training (ACDUTRA).

The Veteran's hearing loss and right knee disorder are granted as service connection based on aggravation of a preexisting condition during active duty.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to service exposure to noise, and thus grants both claims.

The Board finds that the Veteran's hearing loss and tinnitus are at least as likely as not related to his military service, including exposure to noise during active duty. Therefore, both conditions have been granted service connection.

The Veteran's bilateral hearing loss is currently rated at 70 percent, effective July 25, 2015. Prior to this date, the claim for a compensable rating was denied.,For his right foot disorder, an initial increased rating greater than 10 percent has been denied.

The Veteran's appeal is being remanded for additional development to consider the validity of his claims for service connection for bilateral hearing loss and tinnitus.

The Board has ordered a new examination to determine if the Veteran's bilateral hearing loss is related to service, as his previous opinions were based solely on the absence of documented hearing loss in service.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to his active service, while a low back disorder is not. The Veteran's low back disability was not shown in service or within one year of separation, and there is no evidence of continuity of symptomatology since service.

The Veteran's bilateral hearing loss disability is manifested by no more than a hearing acuity of Level I for each ear, and the criteria for a compensable evaluation have not been met or approximated.

The Board finds that the Veteran's current bilateral hearing loss is not related to his active service, and thus denies entitlement to service connection.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's service-connected bilateral hearing loss has been rated at 50 percent since August 20, 2013. The Board finds that the current rating adequately reflects the severity of his condition.

The Board found no basis for a higher initial rating for the service-connected bilateral hearing loss prior to February 22, 2016 and denied an increased rating thereafter. The Veteran's lumbosacral strain was rated as 10 percent disabling based on forward flexion of the thoracolumbar spine to 45 degrees.

The Board has determined that additional development is needed for the claims of service connection for bilateral hearing loss and tinnitus, as well as the claim for an initial evaluation in excess of 50 percent for major depressive disorder. The Veteran's representative provided medical literature on noise-induced hearing loss, but the VA audiologist must comment on the Veteran's May 2011 lay report of symptoms and June 2010 records from Chihal ENT Associates. A current examination is also necessary to assess the severity of the service-connected major depressive disorder.

The Veteran's claim for a TDIU prior to February 14, 2017 is being remanded due to the addition of new evidence that has not been reviewed by the AOJ.

The Veteran's bilateral hearing loss and PTSD are found to be related to service, with the claim for service connection granted. The issue of an initial disability rating in excess of 70 percent prior to January 24, 2017 remains before the Board.

The Board finds that the Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment prior to October 28, 2010. As such, a TDIU on an extraschedular basis is granted.

The Board found no evidence of frostbite, hearing loss, or neuropathy in service and denied the Veteran's claims for these conditions. The Board also found that any neuropathy is related to diabetes rather than service.