Hearing loss decisions — 2020

The Veteran's left ear hearing loss has been rated as noncompensable throughout the appeal period, based on audiometric testing results.

The Board has remanded the Veteran's claims for service connection due to the need for additional development and consideration of relevant VA treatment records.

The Board found the Veteran's NODs were timely and thus allowed him to proceed with his appeal for reopening service connection claims for bilateral hearing loss and tinnitus.

The Veteran's bilateral hearing loss is rated at a 60 percent disability level, which is the maximum rating available under the applicable VA rating criteria.

The Board has granted the Veteran's claim contesting attorney fees based on past-due benefits from an April 2019 rating decision that awarded service connection for right foot plantar fasciitis and right ear hearing loss.

The Veteran's claim for service connection for bilateral hearing loss is denied as new and relevant evidence has not been received to support the claim.

The Veteran's service connection claim for tinnitus is granted. The Board finds that the Veteran experienced noise exposure in service and his lay statements support a finding of in-service onset of tinnitus, despite conflicting medical evidence. Service connection for bilateral hearing loss is remanded due to insufficient information regarding its etiology.

The Veteran's bilateral hearing loss is rated as noncompensable, with a Level I hearing impairment in both ears.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to service, as there is no evidence of in-service noise exposure or a chronic condition within one year post-service. The claims for service connection have been denied.

The Veteran's claims for increased ratings and earlier effective dates have been remanded due to the need for further development. The issues of service connection remain unresolved.

The Board has granted service connection for bilateral hearing loss disability and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to his in-service noise exposure.

The Veteran's claim for an increased rating in excess of 50 percent for his service-connected PTSD has been denied. Additionally, the Veteran's claim for TDIU based on his service-connected disabilities has also been denied.

The Veteran's service-connected disabilities, including coronary artery disease, diabetes mellitus, chronic kidney disease, peripheral artery disease of the bilateral lower extremities, and bilateral hearing loss, rendered him in need of regular aid and attendance due to his inability to dress or undress himself, keep himself clean and presentable, adjust prosthetic appliances, feed himself through coordination issues, attend to the wants of nature, or protect himself from hazards. The Board granted SMC based on the need for aid and attendance prior to July 30, 2019.

The Board denied the Veteran's claims for a compensable rating for bilateral hearing loss and SMC based on the need for aid and attendance for his spouse. The Veteran's only service-connected disability is bilateral hearing loss, which is rated at 0 percent disabling.

The Board denied service connection for right ear hearing loss, finding that the Veteran's current condition is not related to his in-service noise exposure and there was no evidence of chronic hearing loss during service or within a presumptive period.

The Veteran's service-connected disabilities, including right hip disability, back disability, tinnitus, bilateral hearing loss, and leg radiculopathies, are not considered sufficient to meet the criteria for a TDIU from September 25, 2005, to October 29, 2010.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected major depressive disorder, was denied. The Veteran's bilateral hearing loss was also denied as not meeting the criteria for an initial compensable rating prior to September 27, 2019 and in excess of 10 percent thereafter.

The Veteran withdrew his appeal seeking a TDIU rating prior to March 20, 2018.

The Veteran's claim for higher ratings for bilateral hearing loss remains pending and will be remanded for further development.

The Board has determined that the Veteran's service-connected disabilities, including his hearing loss, frostbite, depressive disorder, and tinnitus, prevent him from securing and following substantially gainful employment. As a result, he is granted TDIU.