Hearing loss decisions — 2020

The Veteran's bilateral hearing loss and tinnitus are granted as service connected due to exposure to loud noise during active duty, with the presumption of service connection.

The Board denied the Veteran's claims for a compensable rating for vasomotor rhinitis with deviated septum and bilateral hearing loss, finding that the evidence did not meet the criteria for a compensable evaluation.

The Veteran's claim for service connection for right ear hearing loss has been remanded due to the need for a new VA examination and opinion regarding the etiology of his hearing loss.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are at least as likely as not related to his in-service noise exposure. The decision is based on credible lay evidence and positive medical opinions.

The Board denied attorney fees based on past-due benefits from the April 2017 rating decision granting a 20 percent rating for hearing loss, as the appellant was not the representative of record during the appeal period.

The Board has granted service connection for bilateral sensorineural hearing loss and bilateral tinnitus, finding that the Veteran's symptoms have been continuous since service. The decision is based on the presumption of chronicity due to in-service acoustic trauma.

The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's service-connected bilateral hearing loss disability. The previous June 2015 VA examination is deemed inadequate, and the November 2019 private audiologic evaluation also needs to be corrected.

The Board has decided that the Veteran's claim of service connection for bilateral hearing loss should be remanded due to a duty-to-assist error. The case will be returned for an addendum medical opinion.

The Veteran's bilateral hearing loss is currently rated at 20 percent from April 16, 2012. The Board denied a higher rating as his right ear hearing loss has been manifested by Level IV hearing impairment and his left ear hearing loss has been manifested by Level VIII hearing impairment.

The Board denied service connection for right ear hearing loss, concluding that the Veteran's current condition is not causally related to in-service noise exposure and does not meet the criteria for presumptive service connection.

The Veteran's hearing loss was rated as noncompensable prior to February 3, 2020 and at a 10 percent rating since then. The Board found the evidence did not support higher ratings.

The Veteran's hearing loss does not meet the threshold for a disability rating. For migraine headaches, he is granted a 30% rating prior to August 30, 2018 and denied any higher rating thereafter. For bilateral plantar fasciitis, he is granted a 30% rating prior to June 2, 2017 and a 50% rating starting from that date.

The Board has remanded the claim for bilateral hearing loss, which is currently denied as secondary to service-connected epilepsy. The case will be reviewed with a new VA audiologist who must address whether the Veteran's current hearing loss is related to service or if it was caused by his service-connected epilepsy.

The Board has determined that the Veteran's bilateral hearing loss is not related to his active service, and therefore denied his claim for service connection.

The Veteran's claim for service connection for tinnitus is granted. The claims for initial rating in excess of 30 percent for PTSD, entitlement to a TDIU, and service connection for bilateral hearing loss are remanded.

The Board has partially vacated its April 2020 decision, granting service connection for bilateral hearing loss but denying service connection for right lower extremity peripheral vascular disease, left lower extremity peripheral vascular disease, and a heart condition.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss and entitlement to TDIU due to insufficient medical opinions regarding the etiology of his hearing loss. The case is returned for additional development.

The Board denied the Veteran's claim for service connection for bilateral hearing loss disability, finding that there was no positive nexus between his current hearing loss and any in-service noise exposure. The evidence did not show a chronic disease shown as such in service or within the applicable presumptive period.

The Veteran's anal fistula disability is granted a 60 percent rating, but no higher, effective June 25, 2014. The Veteran's bilateral hearing loss from January 23, 2014 remains denied.

The Board denied an initial rating in excess of 10 percent for tinnitus and a compensable rating for bilateral hearing loss. The Veteran's tinnitus is currently rated at the maximum schedular rating, and his hearing loss does not meet the criteria for a compensable rating.