Hearing loss decisions — 2021

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is capable of sedentary employment despite his physical limitations.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes and therefore cannot establish service connection for bilateral hearing loss.

The Board has decided to remand the case due to incomplete information and unclear communication regarding the Veteran's hearing loss disability claim. Additional development is needed, including obtaining full results of a November 2019 VA evaluation and any other relevant treatment records.

The Board has remanded the claims for further development due to inadequate medical opinions in previous decisions. The issues include service connection for various conditions, with a focus on secondary service connection.

The petition to reopen the claim for service connection for congestive heart failure with dilated cardiomyopathy is allowed, and the appeal is granted to that extent only. Service connection for bilateral hearing loss and tinnitus are denied.

The Veteran's bilateral hearing loss disability is granted as it is at least as likely as not related to noise exposure during active duty.

The Veteran's claim for a rating in excess of 10 percent for bilateral hearing loss is denied. Service connection for colon cancer and any residuals thereof, as well as COPD and CAD secondary to COPD are granted due to exposure to radioactive materials during service.

The Board has decided to remand the cases for further examinations due to a possible worsening of the disabilities since the last VA examination.

The Veteran's appeal for an increased evaluation for his service-connected bilateral hearing loss is remanded due to the need for a new VA audiological examination.

The Veteran's appeal is being remanded to the RO for consideration of new evidence associated with his claims file.

The Veteran's claims for a compensable rating for his bilateral hearing loss and service connection for his heart disability are remanded due to the need for additional medical records.

The claims for service connection of bilateral hearing loss, a bilateral knee disorder, and sleep disturbance (recharacterized as sleep apnea) have been denied. The application to reopen the claim of service connection for sleep disturbance has been granted.

The Board denied the Veteran's petition to reopen his claim for service connection for right ear hearing loss, finding that new evidence did not raise a reasonable possibility of substantiating the claim.

The Veteran's left knee instability is granted a rating of 30 percent, effective from April 26, 2014. The other issues are denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of left foot, right foot, bilateral eye disorders, and right ear hearing loss. However, these claims are still remanded as further medical examination is needed to determine the nature and etiology of these conditions.

The Veteran's claim for service connection for right ear hearing loss is granted. Service connection for OSA is denied. The Veteran's bilateral knee disabilities are partially granted, with some issues being granted and others not.

The Board has determined that the Veteran does not have a current bilateral hearing loss disability for VA purposes, and there is no evidence of in-service noise exposure. Therefore, service connection for bilateral hearing loss is denied.,Service connection was denied for hypertension, diabetes mellitus, cancer of the left ear, prostate cancer, and herniated disc as there is no competent medical evidence linking these conditions to service.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Veteran seeks an earlier effective date for the grants of service connection for bilateral hearing loss and tinnitus. The Board remanded the case due to issues with VA's mailing procedures, lack of explanation in the September 2020 Remand, and failure to address the Veteran's right to a hearing.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the evidence is at least in equipoise and concludes that the Veteran's tinnitus is related to his period of active duty service. For the hearing loss claim, a remand is necessary as the VA examiner did not consider the audiograms from the Veteran's service records.