Hearing loss decisions — 2021

The Veteran's initial rating for bilateral hearing loss was denied as his puretone thresholds did not meet the criteria for a higher rating.

The Veteran's claim for an earlier effective date for bilateral hearing loss was denied. The Board found that the earliest effective date warranted by law is October 22, 2013.,The Veteran's claim for a higher rating for his bilateral hearing loss was remanded due to lack of supporting evidence.

The Board has granted the Veteran's claim for service connection for bilateral hearing loss. The issue of service connection for obstructive sleep apnea was withdrawn by the Veteran.

The Board has granted the appellant's claim for service connection for bilateral hearing loss, finding that new evidence received after a previous denial supports the Veteran's contention of in-service noise exposure and continued symptoms since service.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for bilateral hearing loss and vision condition. The claims are being remanded due to errors in obtaining medical opinions related to these conditions.

The Board has granted TDIU with an effective date of August 21, 2020. The Veteran's erectile dysfunction is remanded for further examination and opinion.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been granted.,Service connection has also been denied for intermittent vertigo (claimed as dizziness balancing issues).

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for further examinations.

The Board has found the most recent VA medical opinion inadequate and has requested a new independent medical expert (IME) to provide an adequate opinion regarding whether the Veteran's right vestibular dysfunction was caused by or made worse by VA carelessness, negligence, lack of proper skill during his July 8, 2011 hospital visit and antibiotic treatment from November 23, 2011 to December 1, 2011.

The Board has found substantial compliance with the remand instructions for service connection of left and right ear hearing loss. However, there is no substantial compliance regarding the issue of SMC based on loss of use of bilateral lower extremities as the RO has not complied with the instructions from the June 2021 remand.

The Board has decided to remand the cases for a new VA examination and opinion regarding the etiology of the Veteran's bilateral hearing loss and tinnitus, as the current medical opinions are inadequate. The examiner must consider the possibility of delayed-onset hearing loss and provide an explanation for why it is not related to service despite normal audiometric results at separation.

The Board has dismissed the appeals for service connection of tinnitus and bilateral hearing loss due to the Veteran's death.

The Veteran's service-connected disabilities, including bilateral hearing loss, right and left lower extremity radiculopathy, and lumbar spine disability, are being remanded for further evaluation due to recent increases in severity since the last VA examinations.

The Board has determined that the Veteran's low back disability and bilateral hearing loss are not service-connected. The PTSD claim is remanded for further development.

The Veteran withdrew his appeal of the issues of service connection for left ear hearing loss and degenerative joint disease (DJD). The Board dismissed these issues.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining a substantially gainful occupation since January 31, 2008. The Board has granted an extraschedular TDIU rating for this period.

The Board has decided that the Veteran's claims for increased ratings and service connection are remanded due to new evidence being added to the record, but not yet considered by the AOJ.

The Veteran's claim for a TDIU was dismissed as his representative requested withdrawal.,His initial compensable rating for right ear hearing loss is denied.,He is not entitled to an increased rating for residuals of left thigh stab wound, except for the period after January 26, 2018 when he is assigned a 40 percent disability rating under DC 5314.,His initial compensable disability rating for a left thigh scar is denied.,The Veteran's claim for service connection for left ear hearing loss is REMANDED.,Service connection for PTSD and TBI are not granted.,The Veteran's claims for service connection for these conditions remain pending.

The Board denied the Veteran's claim for increased ratings for bilateral hearing loss, finding that the evidence did not meet the criteria for a rating in excess of 10 percent prior to May 3, 2021, and in excess of 50 percent as of May 3, 2021.

The Board denied the claims for service connection for bilateral hearing loss, tinnitus, and squamous cell carcinoma due to lack of in-service incurrence or nexus.