Hearing loss decisions — 2020

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's hearing loss disability and his service. The examiner is asked to consider whether there could be a delayed onset of hearing loss related to noise exposure in service.

The Board denied the appeal because a valid Notice of Disagreement (NOD) was not filed in response to the June 12 and June 22, 2015 rating decisions. The Veteran did not file a timely NOD within one year from the date that the RO mailed notice of the decision.

The Board denied an initial compensable evaluation for bilateral hearing loss, finding that the Veteran's hearing loss did not warrant a rating higher than noncompensable.

The Veteran's bilateral hearing loss and tinnitus were not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and are not otherwise related to an in-service injury or disease.,The Veteran’s tinnitus was not shown as chronic in service, did not manifest to a compensable degree within the applicable presumptive period, and is not otherwise related to an in-service injury or disease. The Veteran's subjective reports of onset were inconsistent with his contemporaneous treatment records.,The Veteran does not have a current diagnosis of psychiatric disability (including PTSD, MST, substance and alcohol abuse, schizophrenia, and depression) that began during service or is otherwise related to an in-service injury or disease.

The Veteran's application to reopen his service connection claim for bilateral hearing loss is granted. The Board finds new and material evidence has been submitted, including VA and private treatment records showing the Veteran uses hearing aids since September 2016 and both a March 2017 VA examination and a March 2017 private examination demonstrate that he has some degree of hearing loss.

The appeal to reopen a claim for service connection for traumatic brain injury based on the receipt of new and material evidence is granted. The claims for service connection for other conditions are remanded.

The Veteran's claim for an effective date prior to June 26, 2012 for dependency allowance was denied as the required certification of dependents' status was not received within one year of a September 2000 notification letter. The Board found that there was no clear evidence to rebut the presumption of regularity in VA's mailing process and thus concluded that the September 2000 notice was properly delivered.

The Veteran has withdrawn his appeals regarding service connection for a thyroid disorder, increased ratings for PTSD and related conditions, and an earlier effective date for hearing loss. The Board dismissed these issues as the appellant has requested to withdraw them.

The Board has granted the Veteran's claim of entitlement to service connection for bilateral hearing loss, finding that his current diagnosis and in-service noise exposure are sufficient evidence to establish service connection. The decision is based on the Veteran's credible reports of in-service acoustic trauma and resultant auditory symptomatology.

Service connection is granted for tinnitus, sciatica of the bilateral lower extremities, anxiety and depression, and low back disability. Service connection for bilateral hearing loss and a right arm condition is denied.,The Veteran's current conditions are found to be related to his service-connected disabilities.

The Board has remanded the cases of bilateral hearing loss and tinnitus due to inadequate examination opinions. The VA examiner must address threshold shifts, private physician letters, and in-service noise exposure.

The Veteran withdrew his claims for service connection and increased ratings on multiple conditions, including bilateral hearing loss, foot fungus, left shoulder disorder, restless leg syndrome, rhinitis, sinusitis, sleep disorder, PTSD, diabetes mellitus, type II with erectile dysfunction, right lower extremity diabetic peripheral neuropathy, and left lower extremity diabetic peripheral neuropathy. As a result, these issues are dismissed.

The Board has dismissed all claims as the Veteran died during the appeal process.

The Board has decided to remand the case due to a need for a new VA examination of the Veteran's right ear hearing loss disability.

The Veteran's claim of a higher rating for his bilateral hearing loss is remanded due to the need for an updated VA examination and interpretation of private audiogram results.

The Board has granted service connection for bilateral hearing loss and tinnitus as secondary to the Veteran's hearing loss. The decision is based on evidence in equipoise, with the Board finding that the Veteran's current hearing loss is related to his active duty service.

The Board denied reopening the claim for a neck disorder and denied TDIU, finding that new evidence did not raise a reasonable possibility of substantiating the claim. The Veteran's service-connected disabilities preclude him from obtaining and maintaining gainful employment.

The Veteran's claims for service connection for lumbar spine and cervical spine disabilities have been granted. The claim for bilateral hearing loss has also been granted. However, the Board has remanded these cases due to a lack of medical opinions regarding the etiology of the disabilities.

The rating reduction for the Veteran's bilateral hearing loss from 20 percent to 10 percent was improper, and the 20 percent rating is restored.

The Veteran's claims for right shoulder disability, right ear hearing loss, and left ear hearing loss have been denied. The claim for tinnitus has been granted.