Hearing loss decisions — 2022

The Board has remanded the case due to a need for further review of the earlier effective date claim, specifically regarding a potential clear and unmistakable error in the May 2010 rating decision. The Veteran is seeking an earlier effective date for his service-connected bilateral hearing loss.

The Board has remanded the Veteran's claims for bilateral hearing loss and tinnitus due to duty-to-assist errors, including obtaining adequate etiological opinions and reasonably identified records not currently in the claims file.

The Veteran's appeal for an increased rating for bilateral hearing loss from October 3, 2016 is denied. The Board also remanded the issue of entitlement to a TDIU prior to January 1, 2017 due to incomplete development.

The Veteran's hearing loss did not meet the criteria for a disability under VA regulations, and thus service connection was denied.

The Veteran's service-connected bilateral hearing loss is currently rated as noncompensable, with the most severe hearing impairment being Level II in both ears.

The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied.,Claims for effective dates earlier than June 27, 2017 for service connection for radiculopathy, left lower extremity, femoral nerve; radiculopathy, right lower extremity femoral nerve; radiculopathy, left lower extremity sciatic nerve; radiculopathy, right lower extremity sciatic nerve; tinnitus; and, hearing loss have been denied.,Service connection for hypertension as due to herbicide exposure has been granted.,The previously denied claim for service connection for a cardiovascular disorder (claimed as ischemic heart disease) has been reopened. Service connection for coronary artery disease (CAD) as due to herbicide exposure has also been granted.,A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities has been granted, subject to the laws and regulations governing the award of monetary benefits.,The claims for service connection for a right knee disability, left knee disability, sleep disability, prostate disability, diverticulitis, erectile dysfunction, cervical spine disability, hearing loss, lumbar spine disability, PTSD, radiculopathy of the left lower extremity (LLE), femoral nerve, radiculopathy of the right lower extremity (RLE), femoral nerve, radiculopathy of the LLE sciatic nerve, and radiculopathy of the RLE sciatic nerve have been remanded.

The Board has remanded the claims for bilateral hearing loss, stomach ulcers (also claimed as abnormal z-line), low back condition (claimed as spinal cord injury), acid reflux, sleep apnea, depression (also claimed as insomnia), atrial fibrillation (also claimed as aortic aneurysm), and posttraumatic stress disorder (PTSD) (also claimed as insomnia, anxiety, nightmares).

The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment since July 29, 2012. TDIU is granted effective that date.

The Board has granted service connection for tinnitus, finding that the Veteran's in-service exposure to acoustic noise caused his current condition. The claims for acquired psychiatric disability and bilateral hearing loss were denied as there is no evidence of a nexus between these conditions and service.

The Board denied service connection for right ear hearing loss as there is no evidence of a current disability meeting VA's threshold requirements.

The Board has remanded the claims for service connection for right and left fallen arches and heel pain, right and left plantar fasciitis, bilateral hearing loss, bilateral tinnitus, and acid reflux due to inadequate opinions regarding their etiology.

The Board has denied service connection for a right hip disability and hearing loss, finding that there is no evidence of these conditions during the appeal period prior to the Veteran's death.

The Veteran's service-connected bilateral hearing loss is currently rated as noncompensable. The Board finds that a compensable rating is not warranted.,Service connection for neuropathy of the left and right lower extremities has been granted, with evidence linking it to in-service herbicide exposure.,New and material evidence has been received to reopen the claim of service connection for pituitary adenoma. The Veteran's current vision loss in the right eye is being considered as secondary to his pituitary adenoma.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is denied because the VA Form 21-8940 was not completed and submitted by the Veteran.

The Board denied service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of a nexus between the conditions and military service.

The Board has remanded the Veteran's claims for a compensable rating for bilateral hearing loss prior to September 7, 2022 and for a rating in excess of 20 percent for bilateral hearing loss from that date. The AOJ must obtain and consider the full October 2020 VA audiology examination report.

The Board has remanded the cases for additional development due to insufficient opinions from the VA examiner regarding otitis externa and its relation to bilateral hearing loss, as well as a need for an addendum opinion on the combined effect of service-connected disabilities.

The Board has decided to remand the case due to inadequate previous opinions and the need for a new VA examination.

The Board has decided that the Veteran's claim for service connection for bilateral hearing loss, as secondary to his service-connected rhinitis, requires further review and a new examination.

The Board has remanded the cases of service connection for right ear hearing loss and an initial compensable rating for left ear hearing loss due to the Veteran's failure to appear for scheduled VA audiological examinations. The Board also ordered that all relevant VA and private treatment records be obtained.