Hearing loss decisions — 2022

The Board has withdrawn the appeal for a higher evaluation of tinnitus and has remanded the claims for service connection for bilateral hearing loss, low back disorder, and right knee disorder. The TDIU claim is also remanded.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus was denied as there is no evidence of current disabilities.,PTSD with alcohol use disorder resulted in occupational and social impairment, but not total impairment. The Veteran does not meet the criteria for a higher rating.

The Veteran's restoration of a 20 percent rating for bilateral hearing loss is granted.,Issues regarding increased ratings for bilateral hearing loss, left knee disorder, right knee degenerative arthritis, and depression are remanded due to the need for additional examinations.

The Veteran's claims for service connection for a heart murmur and vision disability were denied as new and material evidence was not received. The claim for a compensable rating for bilateral hearing loss prior to June 4, 2010, and ratings in excess of 20 percent from June 4, 2010, to December 1, 2010, and in excess of 60 percent from December 1, 2010, to August 20, 2016, for bilateral hearing loss were also denied.

The Board has dismissed the claim for total disability rating based on individual unemployability (TDIU) as it was granted by a May 2021 rating decision and is now moot.

The Veteran's initial rating for bilateral hearing loss has been granted at a noncompensable level, but with the possibility of increased ratings in the future based on further evidence or changes in his condition.

The Board has remanded several issues related to the Veteran's service connection claims, effective date determinations, and TDIU claim. The specific issues include esophagus disability, heart disability, jaw (mouth/teeth) disability, schizophrenia disorder, left ear hearing loss, deviated nasal septum, TBI, and headaches.

The Board has granted service connection for tinnitus and remanded the issues of service connection for left knee disability, sleep apnea, and bilateral hearing loss.

The Veteran's appeal has been dismissed due to his death prior to a decision being made.

The Board has remanded the case due to insufficient examination opinions regarding the Veteran's bilateral hearing loss disability. The claim will be further developed and reviewed by a VA examiner.

The Board has remanded the issue of service connection for bilateral hearing loss due to an inadequate VA examination and lack of contemporaneous medical records.

The Veteran's bilateral hearing loss is granted as service connection due to noise exposure during active duty.,There is no evidence of chronic disabilities manifested by spots on the bladder or hand tremors in service or post-service, and VA examinations were not provided.

The Board has decided to remand the claims of service connection for tinnitus and bilateral hearing loss due to insufficient development, including failure to obtain relevant private treatment records from ENT and Allergy Associates of Florida.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, bilateral lower extremity neuropathy, bilateral hearing loss, and tinnitus, have prevented him from obtaining and maintaining substantially gainful employment as of April 23, 2020.

The Board denied the Veteran's claim for service connection for bilateral hearing loss as new and relevant evidence had not been received to readjudicate the previously denied claim.

The Veteran's PTSD is currently rated at 70 percent, which does not meet the criteria for a higher rating.,The Veteran's bilateral hearing loss is currently rated at 50 percent, which also does not meet the criteria for a higher rating.,The Veteran's right hand scars are currently rated as noncompensable. The claim is denied.

The Veteran's claims for earlier effective dates for lumbosacral strain with degenerative arthritis and tinnitus have been dismissed.,Readjudication of the claims for service connection for headaches, vertigo (dizziness), sleep apnea, and an acquired psychiatric disorder are warranted.

The Board has determined that there was a duty to assist error in not obtaining a medical opinion prior to issuing the March 2021 decision on appeal for service connection for the cause of the Veteran's death. The case is being remanded for further development.

The Board has decided to remand the cases of bilateral hearing loss disability and tinnitus due to a duty to assist error. The AOJ failed to obtain adequate etiology opinions prior to the July 2022 rating decision on appeal, and there may have been outstanding private treatment records that were not obtained.

The Board has granted the Veteran's claim for service connection for bilateral hearing loss, finding that it is etiologically related to acoustic trauma sustained during active duty.