Hearing loss decisions — 2019

The Board has remanded the case due to incomplete audiometric test results and the need for updated VA treatment records. The Veteran's bilateral hearing loss condition is still under evaluation.

The Veteran is granted a TDIU effective December 27, 2012. The Board found that the Veteran's service-connected disabilities rendered him unable to maintain substantially gainful employment as of December 17, 2012.

The Veteran's bilateral hearing loss is not shown to be higher than Level I in both ears, warranting a non-compensable rating.,With resolution of doubt in the Veteran’s favor, his bilateral hip disorder is at least as likely as not related to service due to repetitive trauma from military duties.,Service connection for right and left hip disorders is granted. The Board finds that the Veteran's chronic back pain in-service caused his current bilateral hip disorder.,The preponderance of evidence does not support a finding that the Veteran’s obstructive sleep apnea was incurred during service.

The Board has determined that the Veteran's bilateral hearing loss is service-connected as it began during his active military service and continues to this day.

The Veteran's claim for an effective date earlier than October 29, 2013 for the grant of service connection for bilateral hearing loss is denied because he did not file a claim prior to that date.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, failing eyesight, right shoulder condition, left shoulder condition, right knee disability, left knee disability (secondary to right knee), right hip arthritis (secondary to right knee), and left hip arthritis (secondary to right knee) have all been denied. The Veteran's claims are not supported by the evidence of record.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of a nexus between his current conditions and military service.

The Board has granted the Veteran's claim for service connection for right ear hearing loss, finding that his current condition is due to noise exposure during active duty.

The Board has denied service connection for hearing loss and remanded the case for a new VA examination to determine if tinnitus is related to service.

The Board has found that there was not substantial compliance with the previous remand directives regarding the Veteran's claim for a left ear hearing loss disability. Therefore, another remand is required to comply with the Board’s directives.

The Veteran's claim for bilateral hearing loss and tinnitus has been reopened, but the service connection for both conditions remains remanded due to insufficient evidence. The Board requested additional medical opinions regarding the etiology of the Veteran's hearing loss.

The Board has remanded the Veteran's claims for bilateral hearing loss and a psychiatric disorder, variously classified due to insufficient evidence in some areas.

The Board has decided that the Veteran's bilateral hearing loss and left hand muscle injury are not entitled to a compensable rating, and the issue of an evaluation in excess of 10 percent for left hand muscle injury is dismissed. The case is REMANDED for further examination regarding service connection for sleep apnea.

The Board has ordered additional development due to the lack of audiometric puretone testing results from a December 2015 VA audiological consultation. The case will be remanded for this purpose.

The Board has dismissed the appeal of the Veteran's claim for an initial (compensable) rating for right ear hearing loss disability. The claims for service connection for a left ankle disorder, Meniere's disease, and left ear hearing loss disability are remanded due to additional VA records needing to be obtained and further examination required. The claim for an increased rating for degenerative spondylosis of the thoracolumbar spine is also remanded.

The Veteran's bilateral hearing loss was reduced from an 80 percent rating to a 40 percent rating, effective December 1, 2016. The VA failed to consider the provisions of 38 C.F.R. § 3.344 in this reduction and thus the decision is void ab initio. As such, the Veteran's 80 percent rating for bilateral hearing loss is restored.

The Board has determined that additional development is needed for the issues on appeal, including obtaining medical records and scheduling VA examinations. The Veteran's service-connected disabilities are at issue.

The Board has remanded the Veteran's claims for service connection for photophobia of the left eye and bilateral hearing loss due to conflicting medical opinions and incomplete audiometric records.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss for VA compensation purposes, and therefore service connection cannot be granted.

The Veteran's claim for increased ratings for hearing loss and cervical spine disorder, as well as service connection claims for right and left knee disorders, were denied. The rating for the cervical spine was granted at a 20 percent level effective September 1, 2015.