Hearing loss decisions — 2020

The Board has granted service connection for tinnitus and remanded the issues of entitlement to service connection for bilateral hearing loss as secondary to tinnitus, and total disability rating based on individual unemployability (TDIU).

The Board has remanded the claim for service connection for a bilateral hearing loss disability due to additional development and clarification of the VA examiner's opinion regarding pre-existing hearing loss.

The Board has decided to remand the case due to inadequate VA examination and opinion regarding service connection for left ear hearing loss. The Veteran's claim will be reviewed again with a new examination.

The Veteran's claims for service connection have been granted, with effective dates set at April 2, 2018. The rating assigned is 10 percent for bronchitis and cervical neck strain.

The Board has determined that the Veteran does not have a bilateral hearing loss disability for VA purposes and therefore denied his claim for service connection.

The Veteran's TDIU claim was denied as he did not meet the schedular criteria for a TDIU prior to June 19, 2017 due to his employment status and income records.

The Board has granted service connection for bilateral hearing loss, with the right ear hearing loss disability being determined to have been aggravated by service. The Veteran's left ear hearing loss is considered a current disability that began during active duty.

The Veteran's claim for service connection for bilateral hearing loss is remanded due to the receipt of new and relevant evidence, which includes VA treatment records indicating worsening of his hearing loss symptoms. The Board finds that a new opinion is needed as the previous examination was inadequate.

The Veteran's current bilateral hearing loss disability is found to have manifested in service and has been continuous since service separation, granting the claim for service connection.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service.

The Veteran's prostate cancer, bilateral hearing loss disability, and tinnitus are being remanded for further development due to duty-to-assist errors. The claims will be reconsidered with consideration of the Veteran’s in-service exposure to herbicide agents and noise exposure.

The Veteran's service-connected PTSD, along with bilateral hearing loss and tinnitus, renders him unemployable. The Board finds that his PTSD alone does not render him unemployable.

The Board has remanded the Veteran's claims for service connection due to incomplete records and duty-to-assist errors. The claims will be reviewed again with additional medical evidence and expert opinions.

The Board denied the Veteran's claims for service connection for hearing loss and a back disability, finding that there was no current disability of hearing loss or a back disability related to service.

The Board denied the Veteran's claims for service connection for various conditions due to a lack of timely receipt of his notice of disagreement (NOD) regarding the January 2017 rating decision.

The Board has granted service connection for left ear hearing loss but denied service connection for right ear hearing loss.

The Veteran's SMC based on the need for regular aid and attendance of another person is denied as he does not require such assistance due to service-connected disabilities.

The Board has granted service connection for tinnitus, but denied the remaining claims of service connection for bilateral hearing loss, left leg shin splints, residuals of a low back injury, right leg shin splints, and residuals of a right leg injury. The decision is based on new evidence received after the July 2019 denial that supports the Veteran's claim of tinnitus being related to in-service noise exposure.

The Board denied the Veteran's claim for service connection for bilateral hearing loss disability, finding that it is not etiologically related to acoustic trauma sustained in active service and was not present within one year of separation.

The Veteran's appeal has been dismissed as the appellant requested to withdraw all issues remaining on appeal.