Hearing loss decisions — 2019

The Veteran's claims of service connection for prostate cancer, anemia (claimed secondary to hiatal hernia and GERD), and bilateral hearing loss are remanded due to the need for additional examinations and opinions. The claim for TDIU prior to June 1, 2013 is denied as the Veteran was gainfully employed during that period.

The Board has determined that the Veteran's current bilateral hearing loss disability is at least as likely as not related to his military service, including exposure to hazardous noise levels during his time in Vietnam. As a result, the claim for service connection for bilateral hearing loss is granted.

The Veteran's bilateral hearing loss does not meet the criteria for a disability due to impaired hearing, and therefore service connection is denied.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, right hip disability, and bilateral knee disability are remanded due to the need for additional medical examination.

The Board denied the Veteran's claim of service connection for bilateral hearing loss as there was no nexus between his military service and his current condition.

The Veteran's right ear hearing loss was chronic in service and continuous since separation, meeting the criteria for service connection.

The Veteran's left ear hearing loss was not shown as chronic in service or within the one-year presumptive period, and he did not have a current diagnosis of left ear hearing loss that began during active service. Therefore, his claim for service connection for left ear hearing loss is denied.,For the period from July 25, 2017 to January 23, 2018, the Veteran's left knee osteoarthritis manifested in painful motion but did not result in flexion limited to 45 degrees or less or extension limited to 5 degrees or more. Therefore, his claim for an increased rating is denied.,For the period beginning March 1, 2019, the Veteran's left knee osteoarthritis was rated at 30 percent and a higher evaluation of 60 percent is not warranted unless there are residuals such as severe painful motion or weakness in the affected extremity.

The Board denied an increased rating for the Veteran's service-connected bilateral hearing loss, finding that the evidence did not support a compensable rating prior to March 28, 2019 and a 10 percent rating thereafter. The decision is based on the Veteran's audiometric test results.

The Veteran's tinnitus is granted as service connected. The decision on bilateral hearing loss remains pending and remanded.

The Board denied service connection for left ear hearing loss as the Veteran does not have a current disability for VA compensation purposes.

The Veteran's claims of service connection for bilateral hearing loss and tinnitus have been remanded due to the need for new VA medical opinions. The issues are inextricably intertwined as evidence suggests a potential link between the Veteran’s tinnitus and his hearing loss.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU from May 7, 2012.

The Veteran's claim for service connection for tinnitus is granted. The claim for service connection for bilateral hearing loss disability is denied.

The Veteran's service-connected disabilities, including PTSD, prostate cancer, type II diabetes, tinnitus, and bilateral hearing loss, have prevented him from obtaining and maintaining substantially gainful employment. The Board has granted a TDIU rating based on the combined effect of these conditions.

The Board has denied the Veteran's claims for service connection for various conditions, including a right shoulder condition and bilateral leg, hearing loss, tinnitus, rib condition, head injury, and left shoulder conditions. The claims were dismissed due to withdrawal by the Veteran.

The Veteran's claim for service connection for tinnitus is granted. The case of an initial compensable rating for bilateral hearing loss is remanded due to the need for a new examination.

The Board has decided to remand the case due to inadequate medical opinions and need for additional development regarding the Veteran's bilateral hearing loss.

The Veteran's death was not due to his own willful misconduct, and he had service-connected disabilities that were rated as totally disabling for a continuous period of at least one year immediately preceding death. However, the criteria for DIC benefits under 38 U.S.C. § 1318 have not been met because the Veteran did not meet the statutory ten-year duration requirement for a 100 percent rating at the time of his death.

The Board has decided that the Veteran's claim of service connection for bilateral hearing loss should be remanded due to conflicting medical evidence.

The Board has determined that the Veteran's current hearing loss disability is related to his service due to noise exposure during active duty, and grants service connection for this condition.