Hearing loss decisions — 2022

The Veteran's claim for service connection for bilateral hearing loss, tinnitus, PTSD, and sleep apnea has been reopened due to the submission of new evidence. However, his claims are denied as there is no persuasive medical evidence or credible lay evidence that any of these conditions were incurred in or aggravated by military service.,The Veteran's claim for Pseudofolliculitis Barbae (PFB) and sleep apnea secondary to PTSD has been remanded for further examination.

The Veteran's claim for a compensable rating for his service-connected bilateral hearing loss disability was denied, but he was granted a total disability rating based on individual unemployability (TDIU) effective from June 2, 2016.

The Veteran's appeals for service connection on the issues of bilateral foot and toenail fungus, right knee disability, left knee disability, left shoulder disability, bilateral hearing loss disability, and back disability have been dismissed.

The Board dismissed the Veteran's appeals for left ankle disability, right medial epicondylitis, skin disability and right ankle disability, as well as his earlier effective date claims. The Board also dismissed his appeal seeking service connection for bilateral hearing loss and acquired psychiatric disability. The Board remanded several issues including service connection for sleep apnea, increased ratings for right knee and ankle disabilities, and an increase in rating for right ulnar neuropathy.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU, and there is insufficient evidence to grant extraschedular TDIU consideration.

The Veteran's tension headaches are granted a 10% rating, but no more. The Veteran's hearing loss prior to May 1, 2016 is denied.

The Veteran's hearing loss and tinnitus are not service-connected as they do not meet the criteria for VA purposes. The right and left ankle disabilities have been remanded due to inadequate examination.,Service connection is granted for tinnitus, with a finding that it is related to in-service noise exposure.

The Board has remanded the claims for bilateral hearing loss and depression, as secondary to hearing loss. The remand requires a new opinion regarding whether the Veteran's preexisting hearing loss was aggravated by service.

The Board has determined that the Veteran's bilateral hearing loss is related to service exposure, and thus grants his claim for service connection.

The Board has remanded several issues for further development, including service connection for bilateral hearing loss and increased ratings for lumbar spine disability and lower extremity radiculopathy. The TDIU claim is also inextricably intertwined with the other claims.

The Veteran's appeal for a compensable rating prior to November 19, 2013, and a rating in excess of 60 percent from April 24, 2018, for service-connected bilateral hearing loss is dismissed. The issue of service connection for skin cancer with scars is remanded.

The Board has remanded the Veteran's claims for bilateral hearing loss and PTSD due to incomplete information in his service records, including missing National Guard duty records. The Veteran's current hearing loss is being reviewed again by a VA examiner to determine if it is related to his military service or noise exposure. For PTSD, the claim remains on appeal as the assigned rating does not reflect the maximum benefit allowable.

The Board has denied service connection for bilateral hearing loss and heart disability. The case is being remanded to obtain additional medical opinions.

The Board has remanded the claims for service connection for right ear hearing loss, a compensable rating for left ear hearing loss prior to August 29, 2014, and a rating in excess of 40 percent for bilateral hearing loss from August 29, 2014 to June 17, 2019 due to the need for additional development.

The Veteran's service connection claims for bilateral hearing loss and tinnitus have been granted. The ratings for degenerative disc disease of the lumbar spine with IVDS and right lower extremity radiculopathy were restored to 20% each, but the rating for the lumbar spine was reduced from 20% to 10%. The appeal for a higher rating for these conditions remains pending.

The Board has granted service connection for bilateral tinnitus. The cases of an acquired psychiatric disability, skin disability (dermatitis or eczema), gastrointestinal disability, and bilateral hearing loss are remanded due to the need for additional examinations and evidence.

The Board has remanded the case for additional development, including obtaining updated VA treatment records from December 2018 to April 2021 and specifically requesting the June 11, 2014, VA audiology evaluation scanned image. The issues remain on appeal.

The Board has granted service connection for right ear hearing loss on an aggravation basis and for tinnitus, finding that the Veteran's preexisting conditions were aggravated by in-service noise exposure.

The Veteran's claims for an initial compensable rating for bilateral hearing loss and a higher rating for PTSD have been denied. The Veteran is granted TDIU based on all service-connected disabilities since August 14, 2017.

The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and his March 2019 VA Form 10182 is accepted as a timely NOD for the issues on appeal. The Veteran must file a VA Form 9 substantive appeal to perfect his appeal.