Hearing loss decisions — 2021

The Board dismissed the appeal for a compensable evaluation for bilateral hearing loss due to the death of the appellant. The service connection claim for chronic back pain was not timely and therefore not effective.

The Veteran's right ear hearing loss and acquired psychiatric disorder (including PTSD and depression) are granted. The left foot disability rating is restored to 20 percent, effective November 1, 2018. A separate 10% rating for plantar fasciitis is granted.

The Board has remanded the cases due to inadequate examination and duty to assist errors, specifically regarding the relationship between hearing loss and tinnitus caused by significant air pressure changes during service.

The Veteran's claims for bilateral hearing loss, TBI, and headaches have been denied. The Board has found no evidence of a current disability in these conditions.,For the right and left knee disabilities, the Veteran is being asked to provide additional medical evidence linking his current symptoms to service.

The Veteran's bilateral hearing loss disability was rated at a noncompensable level prior to November 22, 2019. However, the September 2020 VA examination established that the disability warranted a 10% rating from that date forward. The Board granted a 10% rating effective from November 23, 2019.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied due to failure to report for a VA examination. The heart disability claim is remanded as the Veteran failed to appear for a VA examination and an addendum opinion was not obtained.

The Board has remanded the claims for left ear hearing loss, persistent otorrhea, and chronic serous otitis media due to a VA parotidectomy in 1987, as well as the claims for ED and voiding dysfunction due to VA surgeries in 1979, October 2009, and November 2009. The remand requires additional development including obtaining medical opinions.

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to his service, including noise exposure during active duty. The evidence does not show a chronic disease in service or within one year of separation from service.

The Veteran's service connection claim for bladder cancer is granted, and his hearing loss claim is denied. The Board found that the Veteran's current disability of bladder cancer is related to herbicide exposure during service in Thailand, which qualifies as a presumptive condition under VA law.

The Veteran's appeals for higher ratings on his right knee replacement and bilateral hearing loss have been dismissed due to his death.

The Veteran's left knee disability is rated at 60 percent from October 1, 2018 to August 12, 2020. The hearing loss disability remains noncompensable.

The Veteran's bilateral hearing loss was rated as 30 percent prior to December 19, 2018 and remains at that level effective December 19, 2018. The Board denied an increased rating for the condition.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence linking his current disability to his military service.

The Board has decided to remand the case due to an inaccurate factual background in a previous opinion, and further evidence is needed to determine if the Veteran's bilateral hearing loss is related to his active duty service.

The Board denied compensation under 38 U.S.C. § 1151 for additional disability resulting from a July 1993 left total hip replacement (THR) due to lack of evidence showing negligence or informed consent, as the leg-length discrepancy was considered a normal and expected outcome of the procedure.

The Board denied service connection for bilateral hearing loss and bilateral tinnitus, finding that the evidence did not support a causal relationship between these conditions and active or reserve service.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this appeal as he died during the pendency of the appeal.

The Veteran's service-connected conditions, including anxiety disorder, chronic vertigo with dizziness, tinnitus, and bilateral hearing loss, require the aid and attendance of another person. The case is remanded for a medical opinion addendum to address this issue.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there is no evidence of a disease or injury in service and no causal relationship to service. The Veteran's current hearing loss was not shown to have begun during service.

The Board has remanded the claims of service connection for hearing loss and tinnitus due to incomplete opinions from a VA examiner. The Veteran's hearing acuity was within normal limits during his military service, but he reported symptoms proximate in time to service.