Hearing loss decisions — 2020

The Board has determined that the VA examination report is inadequate and requires remand to obtain an addendum opinion regarding the etiology of the Veteran's bilateral hearing loss, specifically addressing noise exposure in-service.

The Veteran's bilateral hearing loss and tinnitus were not shown to be related to service, as her current conditions do not meet the criteria for a disability under VA regulations.,The Veteran's right shoulder injury was not shown to have had its onset in service or be otherwise related to service. Her current condition is also not related to service.

The Board has decided to remand the claims for service connection for hearing loss in the left ear and tinnitus due to a lack of an addendum opinion addressing whether these conditions are related to noise exposure during active duty. The examiner is asked to provide an opinion on this issue.

The Veteran's 10% rating for bilateral hearing loss is restored, effective February 1, 2019. The reduction was improper due to lack of actual improvement in the condition under ordinary conditions of life and work.

The Veteran's claims for higher ratings on several service-connected conditions, including right knee arthroscopy with chondromalacia, right knee scar status post arthroscopy, left knee osteoarthritis, bilateral hearing loss, and obstructive sleep apnea (OSA), are remanded due to a duty-to-assist error. The TDIU claim is also remanded as it is inextricably intertwined with the other claims.

The Board has decided to remand the claims for service connection for peripheral vestibular disorder and TDIU prior to June 18, 2018. The Veteran's claim will be readjudicated with a new examination addressing causation and aggravation of his claimed conditions.

The Board has determined that the Veteran's hearing loss in his right ear is at least as likely as not related to noise exposure during service, and thus grants service connection for this condition.

The Board denied service connection for various conditions, including bilateral hand tremor, bilateral hearing loss, tinnitus, right and left ankle disorders, right and left restless leg syndromes, and right and left knee retropatellar pain syndrome. The decision is based on the absence of a current diagnosis or evidence linking these conditions to active service.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on being permanently housebound due to a single disability rated at 100 percent and additional disabilities independently ratable at 60 percent.

The Board has found new and relevant evidence regarding the Veteran's claims for service connection for bilateral hearing loss and tinnitus, leading to a remand for further development.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's right ear hearing loss is etiologically related to active service, and thus grants service connection for this condition.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for a new examination and opinion regarding the cause of his hearing loss.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss disability, finding that there is no evidence of in-service noise exposure or a nexus between current hearing loss and service.

The Veteran's headaches were rated at 30 percent prior to October 30, 2019 and granted a 50 percent rating thereafter. The Veteran is not entitled to an earlier effective date for TDIU or DEA benefits.

The Veteran's right ear hearing loss is rated at 0 percent, as the VA examination results do not meet the criteria for a compensable rating.,The Veteran does not have a current disability of impaired hearing in his left ear for VA purposes. Therefore, service connection for left ear hearing loss is denied.,There is no persuasive evidence to support the Veteran's assertions that he has a pulmonary condition due to his time in service. Service connection for a pulmonary condition is denied.,VA does not have any medical records or etiological opinions linking the Veteran’s current ischemic heart disease to his active service. Therefore, service connection for ischemic heart disease is denied.

The Board has restored the service connection for bilateral hearing loss, finding that the RO improperly severed it and that there is no clear and unmistakable error in the original decision.

The Veteran's service-connected hearing loss does not prevent him from securing or maintaining substantially gainful employment.

The Veteran's claim for a compensable rating for bilateral hearing loss from April 25, 2019 to July 24, 2019 was denied as the Veteran failed to report for a VA examination scheduled in conjunction with his claim.,The Veteran's claim for a compensable rating for scars, status-post left knee arthroscopy for the period from April 25, 2019 to July 24, 2019 was denied as there were no other disabling effects not considered under Diagnostic Codes 7800-04.

The Veteran's appeal for restoration of a 10% rating for bilateral hearing loss, effective December 1, 2019 is granted. The Board found that the evidence did not show actual improvement in his hearing loss or ability to function under ordinary conditions.