Hearing loss decisions — 2019

The Veteran's claims for service connection have been dismissed due to the Veteran’s representative withdrawing all issues except for those related to coronary artery disease, TDIU, and acquired psychiatric disorder.

The Board has remanded multiple issues including service connection claims, rating determinations for hearing loss and tinnitus, and the reopening of previously denied claims. The appeals are pending and will be addressed in a Supplemental Statement of the Case (SSOC).

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected disabilities, including osteoarthritis in multiple joints and other conditions.

The Board has determined that further development is needed for the Veteran's claims, including obtaining SSA records and VA examinations for various conditions.

The issues of whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for a back disorder, entitlement to service connection for sinus problems, entitlement to service connection for hypertension, entitlement to service connection for prostate cancer, entitlement to service connection for the residuals of a stroke, and entitlement to an initial compensable disability rating for bilateral hearing loss are dismissed.,The issues of entitlement to effective dates earlier than February 7, 2017 for the grants of service connection for bilateral hearing loss and the residuals of a TBI are denied.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 50 percent for service-connected PTSD and a compensable rating prior to July 7, 2011, and to a rating in excess of 10 percent thereafter, for service-connected bilateral hearing loss. The Veteran should be provided with updated examinations and the requested development must be completed.

The Board has determined that the Veteran's service-connected disabilities have rendered him in need of aid and attendance, warranting SMC based on this need.

The Board denied the Veteran's claim for a disability rating in excess of 30 percent for bilateral hearing loss, finding that his auditory levels did not meet the criteria for a higher rating based on the results of controlled speech discrimination testing and puretone audiometric tests. The Veteran was assigned a 30 percent disability rating.

The Veteran's service-connected right ankle sprain and left ear hearing loss disabilities are being remanded for further evaluation due to the possibility of increased severity since their last examinations.

The Board has remanded the Veteran's claims for bilateral hearing loss, an acquired psychiatric disorder (including PTSD), residuals of a head injury (TBI), hypertension, and bruxism. The VA will schedule examinations to clarify these conditions and assess their relationship to service.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability. The appeal for an increased rating for PTSD is granted, but the maximum allowable rating (70%) is not awarded due to the absence of all required symptoms.

The Board has remanded two issues: entitlement to service connection for bilateral hearing loss disability and tinnitus. The reasons are that a VA examiner's opinion based on an absence of shifts in hearing acuity during active service is insufficient, and the Veteran provided evidence suggesting that noise exposure at an early age results in hearing loss not evident until later.

The Board has remanded the Veteran's claims for rheumatoid arthritis, hearing loss, tinnitus, hypertension, and erectile dysfunction due to incomplete examinations and conflicting opinions.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions are related to military service.

The Veteran's hearing loss has worsened since his last examination in June 2016, and a new VA examination is needed to determine the current severity of his service-connected hearing loss.

The Veteran's bilateral hearing loss and tinnitus were not shown as chronic in service or within the applicable presumptive period, and continuity of symptomatology is not established. The disabilities are not otherwise etiologically related to an in-service injury or disease.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of current hearing impairment.,Service connection for an acquired psychiatric disorder, diagnosed as anxiety, is granted. The condition is proximately due to or the result of his service-connected heart disability.

The Veteran's claim for PTSD was reopened and service connection was granted, but an effective date earlier than March 13, 2017 is denied.,Service connection for bilateral hearing loss and tinnitus was granted with a noncompensable evaluation effective March 13, 2017. Effective dates earlier than this are denied.

The Board has decided to remand the case for further examination and review of the claims file, including verifying Army National Guard service and obtaining VA treatment records. The Veteran's hearing loss and tinnitus are being evaluated in light of his in-service noise exposure.

The Veteran's rating for bilateral hearing loss was reduced from 30 percent to 20 percent in June 2014 and then further reduced to noncompensable in October 2017. The Board found that these reductions were improper due to a lack of compliance with applicable law and regulations, and has ordered the case back for additional development.