Hearing loss decisions — 2019

The Veteran's bilateral hearing loss is found to be at least as likely as not related to service, and the claim for service connection is granted.

The claim of entitlement to service connection for right hand cellulitis is dismissed.,Service connection for a kidney disorder, claimed as renal toxicity, is denied.

The Veteran's service-connected psychiatric disorder and bilateral hearing loss have been granted, with a 50% disability rating for the psychiatric condition.

The Board has granted service connection for bilateral hearing loss disability and tinnitus, but remanded the remaining issues including sleep apnea and GERD. The Veteran's knee disabilities are also being remanded.

The Veteran's appeal for service connection of bilateral hearing loss has been dismissed due to his death.

The Board has decided to remand the Veteran's claim for service connection for bilateral hearing loss due to inadequate medical examination and new evidence not being considered. The case will be returned for further development.

The Board has remanded the cases for further action, including an extraschedular rating for bilateral hearing loss and a determination of whether referral to the Director of Compensation Service is warranted. The Veteran's claim for compensation under 38 U.S.C. § 1151 due to Chantix use is also being remanded for an Independent Medical Expert (IME) opinion, while the issue of entitlement to TDIU remains inextricably intertwined with the hearing loss rating.

The Veteran's claim for a compensable rating for bilateral hearing loss has been dismissed due to his death.

The Board denied the Veteran's claims of entitlement to service connection for vertigo as secondary to his service-connected bilateral hearing loss and an increased evaluation for his service-connected bilateral hearing loss. The Board found that there was no evidence to support a finding that the Veteran’s vertigo is related to his service-connected bilateral hearing loss, and that the current rating assigned for his bilateral hearing loss is appropriate.

The Veteran's bilateral hearing loss is found to be related to his exposure to loud noise during service, and the claim for service connection is granted.

The Veteran's bilateral hearing loss is denied as there is no evidence of in-service noise exposure and the current disability is not related to service.,The Veteran's acquired psychiatric disorder, including bipolar disorder, depression, and anxiety, is denied as there is no evidence that these conditions had their onset during service or are otherwise etiologically related to service.

Service connection is granted for bilateral hearing loss. The Veteran's tinnitus is rated at the maximum allowable under VA regulations, and a higher rating is denied. Herpes simplex is not compensable. An effective date of August 10, 2017, is granted for service connection of tinnitus. A TDIU is granted.

The Board denied a higher initial disability rating for bilateral hearing loss, finding that the evidence did not support an increase in the rating beyond 40 percent.

The May 2013 rating decision denying service connection for obstructive sleep apnea was not clearly and unmistakably erroneous.,New evidence received since the May 2013 rating decision has reopened the claim of service connection for obstructive sleep apnea.

The Board has determined that the Veteran's gastric cancer is not related to his asbestos exposure in service. The claims of bilateral hearing loss and tinnitus are remanded for further development.

The Board has determined that the Veteran does not have current diagnoses of any claimed conditions, including left-hand disorder, right-hand disorder, left shoulder disorder, right shoulder disorder, respiratory disorder (bronchitis), and right ear hearing loss. Therefore, service connection for these conditions is denied.

The Veteran's initial rating for tinnitus has been dismissed. An initial compensable rating of 10% has been granted for left thumb degenerative arthritis with flexor tendinitis.,Service connection claims for asthma, depression and anxiety, right shoulder disorder, left shoulder disorder, hearing loss, and immunoglobulin A nephropathy have all been remanded.

The Board has remanded the Veteran's claims for hypertension and bilateral hearing loss due to incomplete records and need for updated examinations. The Veteran is presumed exposed to herbicide agents in service, but no presumptive service connection can be established.

The Board has decided that the Veteran's left ear hearing loss is related to his active service and remanded for further examination.

The Board has granted service connection for PTSD, but denied service connection for bilateral hearing loss disability and tinnitus. Service connection was also denied for peripheral neuropathy as the Veteran did not meet the criteria for early-onset peripheral neuropathy under VA regulations.