Hearing loss decisions — 2021

The Veteran's claims for increased ratings and service connection were denied. The Board found that the current ratings for tinnitus, bilateral hearing loss, right knee disorder, left knee disorder, low back disorder, respiratory disorder, and acquired psychiatric disorder are all at their maximum allowable levels or do not meet the criteria for a higher rating.

The Board has decided to remand the cases of bilateral hearing loss and tinnitus due to inadequate examination and consideration of lay statements regarding military noise exposure.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's bilateral hearing loss, specifically whether it is related to service exposure. The Veteran was exposed to acoustic trauma during service but the VA examiner could not provide a clear opinion without resorting to speculation.

The Veteran's claims for headaches, residuals of TBI, and joint pain have been granted. The claim for left ear hearing loss has been reopened but remanded for further examination. The Veteran's claim for neuropathy requires additional development to determine exposure and etiology. His insomnia claim is also pending further clarification. The Veteran's GERD claim remains remanded.

The Veteran's PTSD has been granted a rating of 100 percent for the period prior to November 20, 2007. The cases of loss of fingernails due to diabetes mellitus and bilateral hearing loss are remanded as there is insufficient evidence to determine their etiology.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, PTSD with anxiety and depression, coronary artery disease, and ischemic heart disease have been denied. The Veteran's diabetes mellitus has been granted a higher rating of 40 percent from July 9, 2006 to July 21, 2014.

The Board dismissed the Veteran's claims for service connection for hearing loss, tinnitus, and chronic coughing as due to asbestos exposure because no NOD was received within the appeal period.

The Veteran's left ear hearing loss and obstructive sleep apnea have been granted service connection. Service connection for skin cancer and hypertension has been remanded due to missing evidence.

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) and Basic Eligibility to Dependents' Educational Assistance (DEA) has been granted, effective November 16, 2016. The decision also grants an earlier effective date for these benefits.

The Veteran's claim for TDIU was denied because new and relevant evidence was not submitted during the specified period.

The Veteran's appeal is remanded due to a dispute over the amount of attorney fees awarded for securing an earlier effective date for PTSD. The Board does not have jurisdiction to determine the reasonableness of the fee agreement, and it must be referred to the Office of General Counsel.

An effective date of April 26, 2019 for the award of a 20 percent evaluation for bilateral hearing loss is granted.,Entitlement to an effective date prior to February 29, 2020 for service connection for peripheral vestibular disorder is denied.

An effective date of April 26, 2019 for the award of a 20 percent evaluation for bilateral hearing loss is granted.,Entitlement to an effective date prior to February 29, 2020 for service connection for peripheral vestibular disorder is denied.

The Board has remanded the cases for additional development due to a duty to assist error.

The Board has determined that new evidence received since the February 2009 decision warrants readjudication of the claim for service connection for bilateral hearing loss. The claims for obesity and an initial rating greater than 30 percent prior to January 7, 2019, for an acquired psychiatric disability are remanded due to the need for further development.

The Board denied the Veteran's claims for service connection for a left knee condition and for a compensable evaluation for bilateral hearing loss.,Service connection was not granted as there is no evidence linking current left knee arthritis to service. The Veteran's symptoms were resolved without sequelae.

The Veteran's claim for a compensable disability rating for bilateral hearing loss is being remanded due to incomplete development. The VA needs to obtain the full audiometric test results and consider all relevant evidence, including private medical records and correspondence from the Veteran.

The Veteran's bilateral hearing loss and tinnitus are granted service connection as they were related to in-service noise exposure. Service connection for lumbar spine degenerative arthritis is remanded due to the need for a medical opinion.

The Board has denied the Veteran's claim for service connection for right ear hearing loss, finding that his pre-existing condition did not worsen during active duty and that it was less likely caused by noise exposure in service.

The Veteran's initial compensable rating for bilateral hearing loss is denied. The Board has found that the Veteran's hearing loss disability does not meet the criteria for a higher rating under VA regulations. Additionally, the Board has determined that there has been substantial compliance with prior remand directives and has ordered another remand to obtain an opinion regarding the etiology of the Veteran's insomnia disorder.