Hearing loss decisions — 2020

The Board has remanded the case to obtain an addendum opinion regarding the Veteran's right ear hearing loss, specifically addressing the significance of the threshold shifts in his hearing acuity from pre-service to post-service examinations.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's bilateral hearing loss disability. The Veteran served in the Navy and was exposed to noise during service, but his current hearing loss is not related to this exposure.

The Board has determined that the Veteran's character of discharge from service is not a statutory or regulatory bar to receiving VA benefits, thus granting his appeal for basic entitlement to VA benefits.

The Veteran's appeal involves multiple issues including service connection for various conditions and effective date determinations. The AOJ is directed to obtain the Veteran’s service records from his first period of active duty, conduct further development on hearing loss and lumbar spine disability claims, and consider TDIU.

The Veteran's bilateral hearing loss was rated at 10 percent from November 1, 2018 and continues to be rated at that level. The Board granted this increased rating based on the benefit of the doubt.

The Board has remanded the claims of service connection for bilateral hearing loss and a right knee disability due to incomplete development related to periods of active duty training (ACDUTRA) and Indefinite Non-Academic Duty Training (INACDUTRA).

The Veteran's service connection claims for right ear hearing loss, a right knee disorder, and back disorder have been denied. The Board has found that the Veteran does not currently have these conditions.,Service connection for left knee disorder (osteoarthritic changes) is also denied.

The Board has determined that the Veteran's hearing loss did not manifest within one year of separation from service and is not related to his military noise exposure. Therefore, service connection for hearing loss is denied.

The Board has decided that the Veteran's bilateral hearing loss disability is related to noise exposure in service and granted service connection. However, the right knee disability issue requires additional evidence due to a lack of complete service treatment records.

The Veteran's TBI, bilateral hearing loss, and headaches are all rated at the lowest possible compensable level. The Board has granted a rating of 10 percent for each condition.

The Veteran's appeal of attorney fees for past-due benefits awarded in a February 2019 rating decision is denied. The amount was calculated correctly based on the effective date from September 15, 2015 to February 22, 2019.

The Board has granted service connection for bilateral hearing loss disability and tinnitus, finding that these conditions are related to active service.

The Veteran's initial compensable rating for bilateral hearing loss is denied as his hearing acuity levels are at Level I in both ears, resulting in a non-compensable evaluation.

The Board has denied the Veteran's claims for service connection for left and right ear hearing loss, finding that there is no evidence to support a link between his current hearing impairment and his military service.

The Veteran's bilateral hearing loss has been rated as noncompensable (0 percent) since September 18, 2018.,Service connection for tinnitus was granted.

The Board has dismissed the Veteran's appeals for service connection of a right knee disorder, an enlarged prostate, bilateral hearing loss, and tinnitus. The claim for ischemic heart disease (coronary artery disease) is granted as presumptively associated with herbicide agent exposure.

The Board has granted service connection for bilateral hearing loss disability and tinnitus as secondary to the service-connected bilateral hearing loss disability, finding that the Veteran's current conditions are related to his in-service noise exposure.

The Veteran's bilateral hearing loss has been rated at 30 percent since April 2019. The most recent VA examination showed a pure tone threshold average of 51 and 53 in the right ear, and 61.25 and 67.50 in the left ear, resulting in a 30 percent rating under Diagnostic Code 6100. The Veteran's claim for an increased rating is denied as there is no evidence to support a higher rating.

The Board has decided that the Veteran's service connection claim for bilateral hearing loss should be remanded due to a lack of an opinion regarding whether his current hearing loss disability is related to in-service noise exposure.

The Board denied the Veteran's claims for service connection for bilateral pes planus, left ear hearing loss disability, and right ear hearing loss disability. The Board found that there was no evidence of a current disability related to service or aggravation during service.