Hearing loss decisions — 2021

The Veteran's claim for a higher rating for his depressive disorder with anxious distress was granted, and he is now receiving a 70 percent disability rating. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.

The Veteran's claims for earlier effective dates for diabetes mellitus type II, left lower extremity diabetic peripheral neuropathy, and right lower extremity diabetic peripheral neuropathy have been denied as there was no prior claim or denial concerning these benefits.,The Veteran's claim for earlier effective date for CAD has also been denied due to the lack of a prior claim or denial.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's hearing loss and his hazardous noise exposure during service. The case will be reviewed by a clinician who will provide an opinion on this issue.

The Board has granted service connection for tinnitus and left ear hearing loss, but denied service connection for arthritis pain in the upper back and neck. The Veteran's tinnitus is found to be related to his military noise exposure, while his left ear hearing loss is linked to his service due to exposure to hazardous noise. However, there is no current diagnosis of right ear hearing loss or arthritis pain in the upper back and neck during service or within one year post-service.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment since at least February 8, 2018. An effective date of February 8, 2018 is assigned for the award of a total disability rating based on individual unemployability due to service-connected disability.

The Veteran's prostate cancer rating was restored, and he is now in receipt of a 100% disability rating. The Board denied his request for higher ratings for bilateral hearing loss and an earlier effective date for the 70% rating.

The Veteran's PTSD is rated at 50% and his bilateral hearing loss is not compensable. The appeal for higher ratings is denied.

The Veteran's claims for earlier effective dates for diabetes mellitus type II, left lower extremity diabetic peripheral neuropathy, and right lower extremity diabetic peripheral neuropathy were denied as there was no prior claim or denial concerning these benefits.,The Veteran's claim for earlier effective date for coronary artery disease (CAD) was denied because the earliest claim received by VA was on February 1, 2019.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least evenly balanced as to whether these conditions are related to in-service noise exposure.

The Veteran's claim for a higher rating for bilateral hearing loss was granted in November 2017, but the OGC found that the attorney fee of 20% is not reasonable based on the limited services provided.

The Veteran's TDIU was granted effective September 23, 2020, as part of his appeal for an increased rating on his service-connected bilateral hearing loss. The appellant is eligible to receive attorney fees based on past-due benefits awarded in the January 2021 rating decision.

The Board has remanded the claims for vertigo, bilateral hearing loss, and tinnitus due to pre-decisional duty to assist errors.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current hearing loss is related to his in-service noise exposure and resolving reasonable doubt in favor of the Veteran.

The Veteran's bilateral hearing loss has worsened since his last VA examination in 2017, and a new VA examination is needed to determine the current severity of his condition.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected due to in-service noise exposure.

The Board has remanded the case due to inadequate development of evidence, specifically a lack of an addendum opinion from an appropriate clinician discussing the January 2016 VA examination and the Veteran's February 2020 testimony. The AOJ is instructed to obtain such an addendum opinion.

The Veteran's bilateral hearing loss disability is remanded due to the absence of a current hearing loss disability at the time of the last adjudication, and the need for an audiological evaluation.

The Board has remanded the Veteran's claims for bilateral hearing loss and an acquired psychiatric disorder, including alcohol and substance abuse. The Veteran is seeking service connection for these conditions, but a new examination is needed to determine if his current hearing loss meets VA criteria and whether any psychiatric condition is related to service or due to his service-connected disability.

The Board denied the Veteran's claim for service connection for bilateral hearing loss disability, finding that there is no evidence of a current disability related to his military service.

The Veteran's initial claim for a higher rating for bilateral hearing loss was granted prior to March 17, 2017. From that date forward, the Veteran's claim for a higher rating for his bilateral hearing loss is denied. The Board also found no service connection for his right shoulder disability or bilateral feet cold injury residuals.