Hearing loss decisions — 2018

The Veteran's appeal is being remanded due to the need for a current VA audiological examination as his hearing loss has been reported to be worsening.

The Board has remanded the case due to outstanding VA medical evidence and the need for a new VA examination of the Veteran's hearing loss.

The Veteran is granted service connection for left hip DJD, status post left hip replacement.,Service connection is also granted for degenerative disc disease (DDD).,Left leg radiculopathy secondary to degenerative disc disease has been established as well.,Heart condition due to herbicide exposure in Vietnam is now service connected.,Bilateral hearing loss and tinnitus are both found to be related to service, with tinnitus being noted since service.,Hypertension, also linked to service exposure, has been granted service connection.,No specific rating or effective date was provided.

The Veteran's bilateral hearing loss is related to service and the Board finds that it meets the criteria for service connection.

The Veteran's service-connected disabilities (panic disorder with depression, tinnitus, and left ear hearing loss) may result in unemployability. The VA has not yet properly developed the TDIU claim by obtaining SSA records and completing a VA Form 21-4192 from his former employers.

The Veteran's left ear hearing loss has been evaluated as noncompensable since October 12, 2012. The Board finds that the evidence does not support a higher evaluation.

The Veteran's appeals for service connection for hyperlipidemia, hypertension, head skin rash, jungle rot or fungal infections of the lower extremities, and whether new and material evidence has been received to reopen the claim for service connection for essential tremor or dystonia are dismissed. The Board finds that service connection is warranted for bilateral lower extremity peripheral neuropathy as related to his service-connected diabetes mellitus.

The Veteran's appeals for increased ratings on multiple service-connected conditions, including PTSD and bilateral hearing loss, have been dismissed due to the Veteran withdrawing his appeals.

The Veteran's appeals for service connection for bilateral hearing loss and tinnitus have been dismissed as the appeal has been withdrawn.

The Board has dismissed the Veteran's claims for TBI and headaches. The service connection claims for dental trauma, bilateral hearing loss, and tinnitus have been denied as new and material evidence was not submitted to reopen these previously denied claims.

The Veteran's higher disability ratings for bilateral high frequency hearing loss and low back strain have been granted, with the effective date set at February 18, 2014.

The Veteran's initial claim for a compensable rating for bilateral hearing loss before November 23, 2015 was denied. The Board found that the evidence did not meet the criteria for a compensable rating prior to that date. For ratings in excess of 10 percent on or after November 23, 2015, the Veteran's claim was also denied as there is no evidence showing his hearing loss has worsened beyond what is contemplated by the current 10 percent rating.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a medical examination to assess the functional impact of the Veteran's service-connected disabilities on his ability to work.

The Veteran's combined disability rating has been at least 70 percent, with 'one service-connected disability' ratable at at least 40 percent. However, the evidence does not show that his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for increased ratings for bilateral hearing loss and TDIU prior to September 19, 2016 was denied. The claims are now characterized to reflect the staged ratings assigned.

The Board denied the Veteran's claims for an initial compensable rating for left ear hearing loss and service connection for right ear hearing loss, finding that his current hearing acuity does not meet the criteria for a compensable rating under VA's tables for rating hearing loss disabilities. The Board also found no evidence of a current diagnosis of right ear hearing loss.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is currently rated at 30 percent, effective from March 7, 2011. The claim for service connection for hypertension and obstructive sleep apnea remains pending.

The Veteran's service-connected depressive disorder and left ear hearing loss do not prevent him from securing and following a substantially gainful occupation.

The Veteran's left ear hearing loss disability and tinnitus are etiologically related to acoustic trauma sustained in active service. The right ear hearing loss disability is still under review.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for tinnitus and bilateral hearing loss. The Veteran is found to have incurred these conditions during his active duty service, with tinnitus being less likely related to service due to lack of in-service complaints and bilateral hearing loss not having manifested until decades after service separation.