Hearing loss decisions — 2021

The Veteran's bilateral hearing loss was evaluated and found to correspond to no greater than a level IV hearing loss in the right ear and a level II hearing loss in the left ear, resulting in a noncompensable disability rating. The Board denied the claim for higher ratings as there were no audiometric test results indicating the Veteran's hearing was worse than assessed by VA examiners during the relevant period.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied as his pure tone thresholds did not meet the criteria for a higher rating.,The Veteran's claims for increased ratings for left and right knee disabilities were remanded due to insufficient examination findings regarding flare-ups.

The Board denied the Veteran's claims for service connection for low back disability, bilateral hearing loss, and tinnitus. The Board found that there was no evidence of a nexus between these conditions and the Veteran's military service.

The Veteran's claims for higher ratings for bilateral hearing loss, COPD, and diabetes mellitus type 2 have all been denied. The evidence does not meet the criteria for a compensable rating in any of these cases.

The Veteran's initial rating for bilateral hearing loss was denied prior to November 4, 2020. From November 4, 2020 to July 28, 2021, a 20 percent rating was granted. A rating in excess of 30 percent from July 29, 2021 is denied.

The Board has remanded the claims for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (Major Depressive Disorder), and bilateral hand osteoarthritis due to outstanding VA medical records not being included in the claims file.

The Board has remanded the Veteran's claims for additional development due to issues related to his service connection for an acquired psychiatric disorder, bilateral hearing loss, and tinnitus. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's bilateral hearing loss was not incurred in service and is not otherwise etiologically related to his military service. The Board found that the evidence does not support a finding of chronicity or continuity of symptomatology since service.

The Veteran's TDIU claim is remanded due to the need for further evaluation of his service-connected ankle disabilities and other conditions.

The Veteran's TDIU claim is granted due to service-connected disabilities.,Service connection for disability of the thoracolumbar spine and sleep apnea are remanded.

The Board has granted service connection for left ear hearing loss, finding that the Veteran's current condition is related to in-service exposure to acoustic trauma.

The Board denied service connection for bilateral hearing loss, left knee disability, and left hip disability. The decision also noted that the claim of service connection for a left hip disability as secondary to a left knee disability lacks legal merit.

The Board has decided to remand the Veteran's claims for a compensable initial rating for bilateral hearing loss, service connection for cervical spine disability, and service connection for back disability. The claims are being returned to VA for further development.

The Veteran's bilateral hearing loss is granted service connection. The compensable ratings for erectile dysfunction and difficulty chewing/swallowing are denied, but a noncompensable rating is assigned due to the Veteran's Parkinson's disease. Service connection for PTSD is granted with an initial 10 percent rating.

The Board dismissed the claim of entitlement to a compensable rating for bilateral hearing loss since May 12, 2012 because it lacked jurisdiction under the legacy system due to the Veteran's timely opt-in to the modernized review system.

The Veteran's bilateral hearing loss is rated at 100 percent prior to August 6, 2021. The issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) for his service-connected disabilities other than his bilateral hearing loss is dismissed as moot.

The Veteran's claim for service connection for residuals of prostate cancer is granted.,Service connection for hypertension as due to exposure to herbicide agents is remanded. The AOJ should verify the Veteran's in-service exposure to herbicide agents and provide a VA examination if necessary.,The Veteran's claim for service connection for migraine headaches is remanded. A VA examination is needed to determine whether his current migraines are related to military service.,Service connection for bilateral hearing loss is remanded. The AOJ should obtain updated VA treatment records and afford the Veteran a VA examination if necessary.,The Veteran's claim for service connection for a skin disability, presumed to be skin cancer, due to exposure to herbicide agents is remanded. The AOJ should verify his in-service exposure to herbicide agents and provide a VA examination if necessary.,Service connection for an acquired psychiatric disorder, presumed to be PTSD, is remanded. The AOJ should obtain the Veteran's SSA records and afford him a VA examination.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current disability is at least as likely due to in-service exposure to hazardous noise. The claimant does not have a presumptive basis or other theory of service connection.

The Veteran's appeal is remanded for additional examinations and opinions to determine the etiology of his right knee disability, bilateral foot disabilities, and bilateral hearing loss. The TDIU claim has also been raised.

The Veteran's bilateral hearing loss is currently rated at 10 percent, the maximum rating available under VA regulations. The Board finds that the current rating adequately reflects the severity and symptoms of his disability.