Hearing loss decisions — 2021

The Board has remanded the case for further development, including obtaining VA audiograms from Marion, Illinois and providing an addendum opinion regarding the Veteran's bilateral hearing loss.

The Veteran is seeking to have his disability rating for bilateral hearing loss reduced from 50 percent to 40 percent effective November 1, 2017. The Board has determined that a remand is necessary due to concerns about the adequacy of recent VA examinations and the potential impact on his current level of impairment.

The Board has denied the Veteran's claim for service connection for right ear hearing loss, finding that there is no evidence of a nexus between her current hearing loss and military service. The TDIU claim was granted as the Veteran meets the criteria for unemployability due to her service-connected disabilities.,The DEA claim remains pending and will be remanded.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from January 6, 2014 through March 14, 2020. Effective January 6, 2014, the Veteran was granted TDIU.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including clarification of his work history and submission of a VA Form 21-8940.

The Veteran's claims for a higher rating for peripheral neuropathy of the right lower extremity and bilateral hearing loss have been denied. The Board found that the disability is primarily manifested by pain, antalgic gait, numbness, trophic changes, and anesthesia, which aligns with moderate incomplete paralysis.

The Board has remanded the cases of bilateral hearing loss and tinnitus for further development, including obtaining all relevant audiometric testing results and scheduling an examination to determine if these conditions are related to service.

The Veteran's bilateral hearing loss has been rated as noncompensable throughout the appeal period, based on audiometric test results that did not meet criteria for a compensable rating.

The Board has granted service connection for right ear hearing loss, finding that the Veteran experienced current disability at the time of his death and that the evidence is at least evenly balanced as to whether this disability began during active service. Service connection was denied for bilateral knee disability due to lack of evidence showing its onset in service or being related to a disease or injury in service.

The Board has dismissed the issue of whether new and material evidence was received to reopen a claim for service connection for sleep apnea. The claims for shin splints, right ankle, left ankle, right wrist, left wrist, right shoulder, and low back disabilities have been reopened due to receipt of new and material evidence.

The Veteran's claim for a compensable disability rating for his service-connected bilateral hearing loss is being remanded due to the need for a new VA examination.

The Board has remanded the Veteran's claims for bilateral hearing loss and tinnitus, as secondary to hearing loss. The remand requires an addendum medical opinion addressing the impact of the Veteran's noise exposure during service and considering new evidence.

The Veteran's tinnitus is found to be service-connected, with an effective date of March 21, 2017.,An earlier effective date of March 21, 2017 for the 40 percent rating assigned for lumbosacral strain and discogenic disease is granted.,Service connection for a gastrointestinal disability (claimed as diverticulosis) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a prostate disability (claimed as prostate cancer) is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for bilateral hearing loss, sinusitis, allergic rhinitis, heart condition, hypertension, and diabetes mellitus are all remanded due to lack of evidence regarding their relationships with service-connected conditions.,Service connection for osteopenia is remanded due to lack of evidence regarding its relationship with service-connected conditions.,Service connection for a cervical spine disability is remanded due to lack of evidence regarding its relationship with service-connected conditions.

The Veteran's TDIU claim is granted from January 2, 2012 due to his service-connected bilateral hearing loss preventing him from maintaining gainful employment.

The Board has remanded the claims of service connection for COPD, hypertension, and asbestosis due to new evidence received since the last final decision.

The Veteran's left ear hearing loss disability was not rated compensable prior to November 17, 2020.,The Veteran is currently receiving an 80% rating for his service-connected left ear hearing loss disability from November 17, 2020 onwards. The Board found no basis to grant a higher rating.

The Board denied service connection for dental disability and left ear hearing loss, finding no current disability related to service or the in-service injury.

The Board denied a compensable rating for bilateral hearing loss prior to February 16, 2017 and granted a 10% rating from that date onward.

The Board has determined that the severance of service connection for bilateral hearing loss and tinnitus was not proper, and both conditions have been restored.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation, either before or after July 26, 2012.