Hearing loss decisions — 2019

The Board has determined that the VA audiological examination report and addendum opinion are insufficient for adjudication purposes, and a remand is necessary to clarify the Veteran's claim of bilateral hearing loss.

The Veteran's bilateral hearing loss disability was rated at 10% since December 1, 2014. The Board has remanded the case for further development due to inconsistencies in the evidence and need for clarification of the rating.

The Board has decided to remand the Veteran's claim for a compensable rating for his service-connected bilateral hearing loss due to new evidence showing worsening symptoms and an inadequate VA examination.

The Board has granted service connection for pterygium of the eyes, but has remanded the issues regarding bilateral hearing loss and dry eyes due to lack of nexus opinions.

The Veteran's service-connected bilateral hearing loss is currently rated as noncompensable, with no evidence of a higher rating based on the provided medical records and examination results.

The Board has granted service connection for bilateral hearing loss, left shoulder disability, neck disability, right knee disability, and left knee disability (secondary to a right knee disability).

The Board denied the Veteran's claim for a compensable disability rating for bilateral hearing loss, finding that the schedular criteria are adequate to rate his disability and no higher rating is warranted.

The Board denied the Veteran's claims for a compensable evaluation for bilateral hearing loss and service connection for right achilles tendonitis, finding that there was no evidence of a relationship to service.

The Board has dismissed the appeals regarding the initial disability rating and earlier effective date for bilateral hearing loss due to the Veteran's death.

The Board has decided that the Veteran's tinnitus began in service and is related to his active duty, granting service connection. However, the decision on bilateral hearing loss remains pending as it requires further examination and evidence.

The Board denied earlier effective dates for service connection of PTSD, bilateral hearing loss, and tinnitus. The Veteran's claims were not received until October 14, 2014.

The Board has decided to remand the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to missing post-service medical records, particularly a November 1986 audiologist report. The AOJ is instructed to obtain these records and provide an updated opinion from a qualified audiologist.

The Court has ordered the Board to remand these claims due to failure to provide adequate reasons and bases for its decision. The Veteran submitted new medical records, specifically an August 2019 audiological examination, which should be considered in the re-adjudication.

The Veteran's application to reopen his claim for service connection for tinnitus is granted. The Board finds that the evidence received since the August 2014 rating decision relates to an unestablished fact necessary to substantiate the claim, warranting reopening of the claim.

The Veteran's claim for a compensable rating for his service-connected bilateral hearing loss disability is remanded due to the need for an updated VA examination.

The Board has decided that the Veteran's tinnitus is service connected. The issues of bilateral hearing loss and vertigo are remanded for further development.

The Veteran's hearing loss was found to be no worse than Level IV in the right ear and Level VI in the left ear from April 26, 2013 to June 24, 2013. From June 24, 2013, it was found to be no worse than Level IV in the right ear and Level V in the left ear or Level III in the right ear and Level VI in the left ear. The Veteran's claim for higher ratings is denied.

The Board has remanded the cases for additional development due to deficiencies in the April 2016 VA medical opinion regarding service connection for bilateral hearing loss and tinnitus. The Veteran's separation examination pure tone thresholds need to be converted from ASA units to ISO-ANSI units.

The Veteran's bilateral hearing loss is granted. The Veteran's left hip, right hip, lung condition with shortness of breath and breathing problems, shrapnel wound to the forehead, and left middle finger conditions are all denied.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's bilateral hearing loss, specifically whether it is related to his military service. The AOJ must seek a new medical opinion and obtain any relevant private treatment records.