Hearing loss decisions — 2020

The Veteran's service connection for vertigo is granted, but his right ear hearing loss does not meet the criteria for a compensable rating.

The Board denied the Veteran's claim for a disability rating in excess of 80 percent for his service-connected bilateral hearing loss, finding that the most recent VA examination showed hearing acuity levels that more nearly approximated a 30 percent disability rating.

The Veteran's bilateral hearing loss is currently rated as noncompensable prior to April 8, 2016 and at a 10 percent rating since that date. The Board found no basis for higher ratings.,The Veteran's tinnitus has been assigned the maximum schedular rating of 10 percent throughout the period on appeal.

The Veteran's claims for service connection were dismissed due to his death, as there is no pending appeal at the time of his death.

Service connection for a bilateral knee disability is granted. Service connection for bilateral hearing loss remains denied, as the Veteran's current symptoms are more likely related to age rather than service. The case of bilateral ankle disabilities is remanded.

The Veteran's claim for an effective date earlier than September 13, 2012 for the grant of a TDIU rating and DEA benefits under 38 U.S.C. Chapter 35 was denied as there is no evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.,The Veteran's combined disability ratings did not meet the threshold criteria for consideration of a schedular TDIU rating prior to September 13, 2012. However, VA policy allows for an extraschedular TDIU rating if the evidence shows he was unemployable due to service-connected disabilities.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions were incurred during military service.

The Veteran's PTSD is rated at a 50 percent disability rating from December 6, 2018. This reflects occupational and social impairment with reduced reliability and productivity.

The Veteran's bilateral hearing loss is related to service and the Board has granted service connection for this condition.

The Veteran's claim for a compensable rating for bilateral hearing loss is remanded due to missing audiogram records and the possibility of worsening symptoms.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his claim for an extraschedular total disability rating based on individual unemployability (TDIU) is denied.

The Veteran's bilateral hearing loss is rated at 40% since November 2019, and the claim for a higher rating is denied.

The Veteran's appeal for a compensable rating for bilateral hearing loss as a residual of and secondary to vertigo was denied. The Board found that the Veteran did not demonstrate hearing loss on testing, thus no service connection is warranted. Other claims were remanded due to lack of VA examination records.

The Veteran's service-connected bilateral hearing loss has been rated as noncompensable, and the Board finds that a compensable rating is not warranted.

The Board has ordered a new VA examination to determine if the Veteran's bilateral hearing loss is related to his in-service noise exposure. The previous examinations were deemed inadequate.

The Board has granted the Veteran's claim for service connection for tinnitus, finding that it is at least as likely as not incurred or related to his already service-connected hearing loss.

The Board found that the Veteran's VA Form 9 was untimely and denied his claims for service connection due to lack of timely appeal.

The Board has granted service connection for tinnitus, but denied service connection for bilateral hearing loss disability. Tinnitus was related to noise exposure in service and is considered a chronic disease under VA regulations. Bilateral hearing loss was not shown during service or within the applicable presumptive period.

The Board has decided to remand the issue of service connection for hearing loss due to lack of substantial compliance with previous remand directives and an inadequate VA examination. The Veteran's claim will be returned for further development.

The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.