Hearing loss decisions — 2021

The Board has dismissed the Veteran's appeals for various conditions and issues due to improper docketing under the Appeals Modernization Act (AMA). The Veteran is advised that she may pursue her claims under the legacy system.

The Veteran's tinnitus is granted as service connection due to in-service noise exposure.,Service connection for bilateral sensorineural hearing loss (SNHL) and diabetes mellitus, type II are remanded due to the need for additional medical opinions regarding their etiology.,Service connection for right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy is also remanded as these conditions are inextricably intertwined with diabetes mellitus, type II.

The Veteran's tinnitus and bilateral hearing loss are granted as service connected, with all doubts resolved in favor of the Veteran.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected, with the exception that his hearing loss is not due to noise exposure during service.

The Veteran's appeal for a compensable rating for bilateral hearing loss, service connection for chronic sinusitis, and hypertension is remanded due to the need for additional medical opinions and consideration of outstanding records.

The Board has granted service connection for tinnitus but has remanded the claim of service connection for left ear hearing loss due to a lack of an adequate VA examination.

The Board has determined that the Veteran's bilateral hearing loss disability is etiologically related to his active service, and therefore grants service connection for this condition.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's symptoms began in service due to noise exposure and have continued since.

The Veteran's service-connected disabilities (PTSD, bilateral hearing loss, and tinnitus) preclude them from obtaining or maintaining gainful employment. The Board has granted a TDIU based on the Veteran's mental health conditions.

The reduction in the disability rating for service-connected bilateral hearing loss from 20 percent to 10 percent was improper, and restoration of the Veteran's 20 percent disability rating is granted. The issue of entitlement to an increased disability rating for bilateral hearing loss is addressed in the remand portion.

The Board has decided to remand the claims of service connection for bilateral hearing loss and tinnitus due to conflicting evidence in the record, including a private medical statement from Dr. S.F.A., which is not adequately addressed by the March 2020 VA examiner's opinion.

The Veteran's service connection claims for bilateral hearing loss and tinnitus are both granted. Bilateral hearing loss is denied, while tinnitus is granted based on the presumption of service connection due to noise exposure in service.

The Veteran's initial claim for an increased rating for bilateral hearing loss disability was denied. A 10 percent rating was granted beginning July 9, 2014, and a 30 percent rating was granted beginning February 3, 2017. The Veteran's claim for a higher rating after March 12, 2019, was also denied.

The Veteran's appeal is remanded due to duty-to-assist errors in obtaining relevant medical records and completing appropriate disability benefits questionnaires.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus were incurred during his active military service, granting service connection for these conditions.

The Board has remanded the claims of service connection for bilateral hearing loss and tinnitus due to a pre-decisional duty-to-assist error in the previous examination reports, which were based on inaccurate factual premises concerning the Veteran's in-service medical history.

The Board denied service connection for bilateral hearing loss, finding that the evidence did not support a link between the condition and active service.,Service connection was granted for tinnitus, with the Board considering in-service noise exposure as a basis.

The Veteran's bilateral hearing loss is not considered to be incurred in or aggravated by his military service.,The Veteran's tinnitus is not considered to be caused by, due to, or otherwise related to his military service.

The Board has decided to remand the case due to a duty-to-assist error in obtaining an adequate opinion regarding whether the Veteran's delayed onset left ear hearing loss is related to service, including his reports of exposure to gunfire and artillery fire. The case will be returned for further evaluation.

The Board has remanded the Veteran's claims for an effective date earlier than October 28, 2020 for TDIU and DEA benefits. The TDIU claim is being referred to the Director of Compensation Service for consideration of an extraschedular TDIU from the period prior to October 28, 2020.