Hearing loss decisions — 2021

The Board denied service connection for left ear hearing loss, finding that the Veteran's current condition is not linked to in-service noise exposure and does not meet the criteria for a compensable disability within one year of separation.

The Veteran's claim for a compensable rating for bilateral hearing loss was remanded due to the failure to notify him of a scheduled VA examination at his current address. The case is now being returned to the RO for scheduling a new examination and notifying the Veteran of the date, time, and location.

The Veteran's bilateral hearing loss and tinnitus are granted service connection. The Veteran's dry eyes, vision impairment, left knee condition, left ankle condition, right ankle condition, and hemorrhoids have been dismissed from the appeal.

The Veteran's claim for an increased rating of 10 percent for bilateral hearing loss is remanded due to the need for a VA examination.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board denied the claim of service connection for bilateral hearing loss disability, finding that it was not incurred or aggravated during active duty training (ACDUTRA). The VA examiner's opinion supported this conclusion.

The Board has remanded the claims for bilateral hearing loss, back disability, and bladder disorder due to insufficient evidence or inadequate opinions in the previous VA examination reports.

The Veteran's disability ratings do not meet the schedular threshold percentage requirements for consideration of a TDIU prior to November 30, 2017. The case was remanded in April of 2019 and is now being remanded again due to new evidence indicating that the Veteran should be granted TDIU on an extra-schedular basis as of November 30, 2017.

The Board has determined that there is not substantial compliance with its prior remand instructions and thus the appeal must be remanded again. The Veteran's lumbar spine disability, bilateral hearing loss, and acquired psychiatric disorder (including PTSD) claims are all remanded for further development.

The Veteran's appeal is remanded for further development on several issues, including service connection and increased ratings.,An effective date earlier than June 2, 2014, for the grant of service connection for tinnitus was denied.

The Veteran was granted a TDIU for the period from September 1, 2011 to November 14, 2011. The claim of entitlement to TDIU for the period from November 15, 2011 to December 31, 2012 is moot due to the Veteran's 100% schedular rating and SMC under 38 U.S.C. § 1114(s). The claim of TDIU prior to September 1, 2011 was denied.

The Veteran's post-total knee replacement right knee disability is granted a 60 percent rating effective August 3, 2012. The claim for an increase in the 30 percent rating prior to that date was denied.,The Veteran’s hypertension is rated at 10 percent and no higher. An extraschedular TDIU rating prior to August 3, 2012 is remanded.,Bilateral hearing loss is rated at 0 percent and a TDIU rating from the effective date of August 3, 2012 is granted.

The Board has remanded the case due to deficiencies in the VA examinations and a need for further clarification regarding the Veteran's hearing loss.

The Board has remanded the Veteran's claims for tinnitus and bilateral hearing loss as they are related to his active duty service. The AOJ is instructed to obtain all relevant VA records, including those from Loma Linda VAHCS, and schedule an examination to determine the current severity of his bilateral hearing loss and the etiology of his claimed tinnitus.

The Board has granted service connection for bilateral sensorineural hearing loss, finding that the evidence is in equipoise regarding whether there is a nexus between the current hearing loss and acoustic trauma during military service.

The appeal of the claim for service connection for a right foot disability is dismissed. The claims for bilateral hearing loss, tinnitus, PFB, left foot disability, hypertension, headache disability, and right knee and left knee disabilities are remanded.

The Veteran's appeals for increased ratings for right and left knee disabilities, service connection for bilateral hearing loss, and service connection for a left shoulder disorder have been denied. The Board found no evidence of ankylosis or recurrent subluxation/lateral instability in the knees, which precluded higher ratings. For the left knee, there was no semilunar cartilage condition shown after June 27, 2016, and for hearing loss, the Veteran did not meet VA criteria for a disability. The Board also found that the left shoulder disorder is less likely than not related to service.

The Board has remanded the case for further development and examination, including an opinion regarding the etiology of the Veteran's acquired psychiatric disorder. The claims for service connection for bilateral hearing loss and an acquired psychiatric disorder are also being remanded.

The Board has granted service connection for bilateral sensorineural hearing loss and tinnitus, finding that these conditions began during active service.

The Veteran's appeal for service connection for hearing loss and tinnitus has been dismissed due to the death of the appellant.