Hearing loss decisions — 2018

The Board has granted service connection for bilateral hearing loss. The claims for higher disability ratings for PTSD and entitlement to a TDIU are remanded.

The Board has granted service connection for bilateral sensorineural hearing loss but has remanded the issue of service connection for myelodysplastic syndrome due to lack of a medical opinion.

The Board has determined that additional development is needed for the Veteran's claim of entitlement to an initial compensable evaluation for a bilateral hearing loss disability, and thus remands the case.

The Veteran's service-connected allergic rhinitis and maxillary sinusitis, tuberculosis, bilateral hearing loss disability, recurrent left mandible lesion status post removal with anesthesia at mental distribution, and bilateral plantar fasciitis with right heel spur are all granted. The Veteran is assigned a noncompensable rating for his bilateral hearing loss disability, a separate 10 percent rating for facial asymmetry due to the left mandible lesion, and a separate 10 percent rating for incomplete paralysis of the trigeminal nerve. A higher rating in excess of 30 percent from February 2, 2016 is granted for his recurrent left mandible lesion status post removal with anesthesia at mental distribution. The Veteran's bilateral plantar fasciitis with right heel spur is rated at the maximum assignable under Diagnostic Code 5276.

The Board denied service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (including depression, anxiety, and PTSD), pleural effusions, asthma, sleep apnea, pseudobulbar affect, stroke residuals, thyroid tumor, atrial fibrillation, and headaches. The decision also denied a rating in excess of 10 percent for tinnitus and TDIU.

The Board has decided to remand the claims for bilateral hearing loss and tinnitus due to additional development being necessary, including obtaining medical records and providing an opinion on whether the conditions are related to service.

The Board denied service connection for bilateral hearing loss and tinnitus as there was no evidence of in-service injury or disease, and the preponderance of the evidence did not support a finding that these conditions were related to service.

The Veteran's claim for service connection for bilateral hearing loss has been reopened and granted.,The Veteran's claims for service connection for GERD, sleep apnea and hypersomnia, erectile dysfunction, and a skin disability (basal cell carcinoma) have been remanded for further development.

The Board has remanded the claims for a bilateral foot condition, sleep apnea, hypertension, bilateral hearing loss, sinus condition, and PTSD due to incomplete development of records and need for additional examinations.

The Board denied the Veteran's claims of service connection for left elbow disability, bilateral hearing loss, bronchitis, tinnitus, hypertension, hemorrhoids, and GERD. The decision also remanded the claim for service connection for bronchitis due to asbestos exposure.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease.,The Veteran's claim for initial 50 percent rating for migraine headaches with aura and photophobia is granted effective June 6, 2014. The appeal regarding the remanded issues (liver disorder, left knee disability, right knee disability, and PTSD) is also remanded.

The Board denied the Veteran's claims for service connection for right ear hearing loss disability and COPD, finding that there was no evidence of a nexus between these conditions and his military service.,The Board noted that while the Veteran reported exposure to noise during service, this did not result in a current hearing loss disability. For COPD, the Board found that there was no evidence of a nexus between the condition and service.

The Veteran's claim for service connection for obesity is denied as a matter of law.,His claim for an increased evaluation for left inguinal hernia remains remanded due to the need for additional evidence.

The Board has remanded the case due to insufficient evidence regarding the Veteran's bilateral hearing loss. The Veteran is granted service connection for tinnitus, but his claim for bilateral hearing loss remains pending and requires further examination.

The Board has found that there has not been substantial compliance with the mandates of a previous remand order and thus, the case is being returned to the RO for further development.

The Board denied service connection for the cause of the Veteran's death due to bilateral hearing loss, finding that it was not related to service or any service-connected disability. The appellant did not submit new and material evidence to reopen the claim.

The Veteran's service-connected disabilities, including PTSD and diabetes, did not prevent him from securing or following a substantially gainful occupation.

The Veteran's depression is granted at a 70 percent rating, effective from the date of claim. The other issues are denied.

The Board has remanded the claims of sleep apnea, headaches, and right ear hearing loss due to incomplete Reserve personnel records. A medical opinion is also needed for the right ear hearing loss claim.

The Board has denied service connection for bilateral hearing loss and remanded the claim of service connection for tinnitus due to insufficient evidence.