Hearing loss decisions — 2019

The Board has granted service connection for hearing loss and tinnitus, finding that the Veteran's conditions are related to noise exposure during his military service.

The Veteran's service-connected disabilities, including bilateral hearing loss and multiple musculoskeletal conditions, contributed to his death from sepsis due to a decubitus ulcer. The Board found that these disabilities rendered him materially less capable of resisting the effects of other causes of death.

The Board has granted service connection for tinnitus, but has remanded the issue of service connection for bilateral hearing loss due to insufficient evidence.

The claim for service connection for bilateral hearing loss is reopened and granted.,Service connection for tinnitus is granted.,Service connection for a skin disorder affecting the hands and feet (presumptive due to Agent Orange exposure) is denied.,A rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is denied.,Total disability rating based on individual unemployability (TDIU) is denied.

The Veteran's claims for service connection for a bilateral eye disorder, bilateral hearing loss disability, and tinnitus are being remanded due to the need for additional development of records from Mare Island Naval Hospital and private medical records.

The Veteran's claim for service connection for pes planus has been reopened due to the submission of new and material evidence. The initial disability rating in excess of 10 percent for tinnitus is denied as the maximum schedular rating under Diagnostic Code 6260 already applies.,Service connection for bilateral hearing loss and erectile dysfunction (secondary to hypertension) are remanded, while service connection for osteoarthritis of the right knee remains pending.

The Board has determined that the Veteran's bilateral hearing loss is at least as likely as not incurred in service, resolving reasonable doubt in favor of the Veteran.

The Veteran's claim for an initial compensable rating for bilateral hearing loss is denied.,The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) is denied.,The Veteran's claim for a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is denied.,The Veteran's claim for a total rating based on individual employability due to service-connected disabilities (TDIU) is granted.

The Board has determined that the VA-contract hearing loss and tinnitus examinations are inadequate, and thus remands for further action. Specifically, an addendum opinion is needed to address whether there is clear and unmistakable evidence of pre-existing bilateral hearing loss and whether it was aggravated by service.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities, including bilateral hearing loss, tinnitus, cervical strain, lumbar strain with degenerative arthritis, and left knee disability. The decision also acknowledges the Veteran's inability to secure or follow a substantially gainful occupation as a result of these conditions.

The Board dismissed the appeals for bilateral hearing loss and tinnitus as they are not eligible due to the appellant's death.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that his current hearing loss did not manifest during service or within one year after separation and is not related to in-service noise exposure.

The Veteran did not have a service-connected disability rated as totally disabling at the time of his death, so he is not eligible for special monthly compensation based on housebound status.

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

The Veteran's claim for an increased rating for bilateral hearing loss from September 28, 2010 to September 11, 2018 and higher than 70% thereafter is denied. The Board found the evidence does not support a higher evaluation under VA’s tables for rating hearing loss disabilities. His claim for TDIU is also denied as his service-connected disabilities do not meet the schedular requirements for individual unemployability.

The Board has determined that a new VA opinion is needed to properly assess the Veteran's service connection claim for bilateral hearing loss due to potential inconsistencies in previous opinions and recent medical literature.

The Veteran's appeal for service connection for bilateral hearing loss was denied because the June 6, 2017 correspondence did not meet the requirements of a timely Notice of Disagreement (NOD).

The Board has determined that the Veteran's current bilateral hearing loss disability is related to in-service acoustic trauma, and thus grants service connection for this condition.

The Board has granted service connection for tinnitus but has remanded the issue of service connection for bilateral hearing loss due to insufficient evidence.

The Board denied service connection for left ear and right ear hearing loss, finding that the evidence did not establish a direct link between the Veteran's in-service noise exposure and his current hearing loss.