Hearing loss decisions — 2020

The Board has dismissed the appeals for service connection for bilateral hearing loss and tinnitus due to the appellant's death.

The Veteran's tinnitus is granted as service connected. The Veteran's bilateral hearing loss disability and right and left foot disorders, back disorder, heart disorder, pseudofolliculitis barbae, and acquired psychiatric disorder (including PTSD, anxiety, and depression) are all remanded for further development.,The Veteran has not provided sufficient evidence to establish a current disability for VA purposes for bilateral hearing loss. The Board finds the examination adequate as there is no evidence of a current disability for VA purposes.

The Board has remanded the case due to incomplete development and lack of compliance with previous remand directives. The Veteran's bilateral hearing loss will need further examination and opinion.

The Veteran's TDIU claim from August 1, 2014 is granted. The Board also dismissed the issues of increased ratings for lumbar strain post-operative fusion and radiculopathy of the right lower extremity associated with the lumbar spine disability.

The Veteran's service-connected disabilities, including hearing loss and degenerative disc disease of the lumbar spine, prevent him from securing or following a substantially gainful occupation. The Board has granted his claim for TDIU.

The Veteran's service-connected disabilities, including CAD and hearing loss, have rendered him unable to secure or maintain substantially gainful employment.

The Veteran's hearing loss disability is rated at a 30 percent rating due to an exceptional pattern of hearing impairment in the left ear.

The Board has denied service connection for a back disability and bilateral hearing loss, finding that the evidence does not support a nexus to active service.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus are granted. The claim of entitlement to an initial rating higher than 30 percent for PTSD, right hip degenerative changes, and right thigh muscle injury status-post shrapnel wound is remanded.

The Veteran's bilateral hearing loss and tinnitus are rated at a 10% disability level, effective from the date of the November 2019 VA examination. Basic eligibility for non-service-connected pension benefits is granted due to over 90 days of active military service during the Vietnam Era.

The Board has determined that the Veteran does not have right ear hearing loss for VA purposes and therefore denied service connection for this condition. The issues of service connection for an acquired psychiatric condition (depression) and substance abuse are remanded due to insufficient evidence.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss, finding that it is not shown to be causally or etiologically related to any disease, injury, or incident during service and did not manifest to a compensable degree within one year of separation from active duty.

The Board found that the Veteran's service-connected disabilities did not render him in need of regular aid and attendance or substantially confined to his home prior to October 31, 2017. Therefore, SMC based on the need for aid and attendance or housebound criteria was denied.

The Veteran's right ear hearing loss has been rated at 10 percent, and the Board found that a higher rating is not warranted based on the evidence of record.

The Veteran's service-connected disabilities rendered him unable to gain or maintain a substantially gainful occupation prior to June 8, 2012. TDIU was granted effective that date.

The Veteran's claims for increased ratings for left ear hearing loss and bilateral hearing loss have been denied as the evidence does not show that his service-connected disabilities warrant a rating in excess of the currently assigned disability ratings.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds that a compensable evaluation is not warranted throughout the appeal period.

The Board has remanded the case due to an inadequate statement of reasons or bases for denying the Veteran's claim for a compensable rating for bilateral hearing loss. The Court ordered clarification from the private examiner regarding the December 2016 report.

The Veteran's appeal for an initial rating in excess of 50 percent for bilateral hearing loss is remanded due to the need for updated VA treatment records and a new examination.

The Board denied an initial compensable rating for bilateral hearing loss, finding that the evidence did not support a higher rating based on the appellant's audiometric results.