Hearing loss decisions — 2021

The Board denied the Veteran's claim for service connection for right ear hearing loss, finding that it was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Veteran's right ear hearing loss was diagnosed decades after service and outside of any presumed periods.

The Board has granted the Veteran's claims for service connection for coronary artery disease, diabetes mellitus, an acquired psychiatric disorder (claimed as PTSD), and bilateral hearing loss. The claim of service connection for a 'neurological issues' was recharacterized as Parkinson's disease and granted.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as he can perform sedentary work despite his limitations.

The Veteran's claims for service connection for bilateral hearing loss, obstructive sleep apnea, left knee strain with traumatic arthritis, and right knee strain with traumatic arthritis were denied. The Board found that the evidence did not support a compensable rating for bilateral hearing loss or establish service connection for any of the other conditions.

The Veteran's appeal for SMC based on aid and attendance due to his service-connected disabilities is remanded as there was a pre-decisional duty to assist error. A VA examination is required to determine if the Veteran's service-connected disabilities render him helpless or require regular aid and attendance of another person.

The Board has granted service connection for right ear hearing loss but denied service connection for left ear hearing loss. Right ear hearing loss is considered a disability based on in-service noise exposure, while the evidence does not meet VA's criteria for left ear hearing loss.

The Veteran's initial noncompensable disability rating for service-connected bilateral hearing loss is being remanded due to a duty to assist error. A new VA examination is needed to determine the current severity of his hearing loss.

The Board has decided to remand two issues: the Veteran's claim for a higher rating for bilateral hearing loss and his claim for a higher rating for degenerative joint disease of the right knee. The decision is based on incomplete records, particularly regarding the specific tonal thresholds for the Veteran's hearing loss and the range of motion testing for his knee.

The Board has granted earlier effective dates for service connection of TBI, posttraumatic headaches as secondary to TBI, PTSD, bilateral hearing loss, and tinnitus. The Veteran's claims for back condition and hypertension are remanded due to procedural errors.

The Veteran's TDIU claim is granted as of September 12, 2018 due to his service-connected disabilities meeting the schedular criteria for a TDIU.

The Veteran's service-connected disabilities, including bilateral knee replacements and lumbar spine degenerative disc disease with degenerative arthritis, have rendered him unable to secure or maintain substantially gainful employment. The Board finds that the evidence is at least in equipoise that his service-connected conditions prevent him from obtaining and maintaining such employment.

The Veteran's bilateral hearing loss was denied for ratings prior to May 30, 2019 and from May 30, 2019 to August 6, 2019. From August 6, 2019 onwards, the Veteran did not meet the criteria for a compensable rating.

The Board has decided that service connection for tinnitus is granted. However, the decision on service connection for bilateral hearing loss is remanded due to a lack of new and relevant evidence.

The Board has determined that the Veteran's bilateral hearing loss disability is not related to his military service and denied his claim for service connection.

The Board has denied service connection for right shoulder condition, bilateral hearing loss, restless leg syndrome, residuals of a fracture of the left wrist, and cervical strain. The claims are remanded due to insufficient evidence in some cases.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the Veteran has a history of noise exposure in service and credible testimony indicating he experienced ringing in his ears since service, which the Board resolves in favor of the Veteran. Service connection for bilateral hearing loss is remanded due to inadequate audiometric testing.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the Veteran has a history of noise exposure in service and credible testimony indicating he experienced ringing in his ears since service, which is considered tinnitus. Service connection is granted as it is at least as likely as not that the Veteran's current tinnitus began during service. For bilateral hearing loss, the claim is remanded due to inadequate medical examination.

The Board has denied service connection for bilateral hearing loss but granted service connection for tinnitus. The Veteran's tinnitus is found to be related to in-service noise exposure, while the Board finds no evidence of a relationship between his current bilateral hearing loss and active duty.

The Veteran's bilateral hearing loss is rated at a 40 percent rating from December 9, 2020 to April 15, 2021.

The Board has remanded the case for further action due to a TDIU claim, as the Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU. The VA will need to consider whether his disabilities preclude him from obtaining or maintaining any gainful employment.