Hearing loss decisions — 2022

The Board has dismissed the appeals for diabetes mellitus and bilateral hearing loss as they are no longer relevant due to the Veteran's death.

The Veteran's major depressive disorder with generalized anxiety is rated at 70 percent prior to July 29, 2020. The Board has remanded the issues of service connection for bilateral hearing loss and tinnitus as secondary to hearing loss.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his claimed disabilities, including bilateral hearing loss, tinnitus, skin irritability, memory loss, migraines with aura (chronic headaches), blurred vision, back disability, and acquired psychiatric disorder. The examination will assess whether these conditions are related to service or exposure to contaminated water at Camp Lejeune.

The Board has determined that the Veteran's left ear hearing loss is causally related to in-service hazardous noise exposure and grants service connection for this condition.

The Veteran's claims for service connection for carpal tunnel syndrome of the bilateral upper extremities, including as due to in-service herbicide exposure or service-connected diabetes mellitus, and a compensable disability rating for bilateral hearing loss have been denied. The claim for a disability rating greater than 20 percent for diabetes mellitus has also been denied.

The Veteran's claim for service connection for right ear hearing loss is being remanded due to the need for additional examination and analysis. The issue of whether there was clear and unmistakable error in a prior rating decision remains pending.

The Board has found that the VA opinions of record did not adequately address whether the Veteran's hearing loss and tinnitus are related to service, despite there being no complaints or diagnoses during service. The case is therefore remanded for further examination and opinion.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and erectile dysfunction. The decision found that there is no evidence of a current disability for VA purposes, and thus cannot establish service connection.,The Veteran requested to withdraw his appeal for tinnitus during his May 2022 hearing.

The Veteran's claim for a compensable disability rating for bilateral hearing loss was denied as his hearing loss did not meet the criteria for a higher rating based on the audiometric test results.

The Board has remanded several service connection claims, including for sleep apnea, an acquired psychiatric disorder (including memory loss and MDD), bilateral hearing loss, tinnitus, prostate cancer, erectile dysfunction, degenerative arthritis of the spine, right leg arthritis, and left leg arthritis. The Veteran's STRs do not contain any complaints or treatments related to these conditions.

The Veteran's initial compensable rating for bilateral hearing loss is denied, but he receives a TDIU and special monthly compensation at the housebound rate. Basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also granted.

The Board has decided to remand the case due to an inadequate VA examination, and the claim for service connection for right ear hearing loss must be reconsidered with a new examination.

The Board dismissed the appeal because the Veteran did not file a timely Notice of Disagreement and instead filed new claims, which were addressed by the AOJ. The AMA became effective in February 2019, but the July 2018 rating decision was issued before this change.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's symptoms are related to his in-service noise exposure as an aviation electrician.

The Veteran's PTSD and bilateral hearing loss were both denied increased ratings. The Board found that the evidence did not support a rating in excess of 50 percent for PTSD, as his symptoms did not meet the criteria for a higher rating under the General Formula for Mental Disorders. For his bilateral hearing loss, he was rated at 10 percent based on the average decibel levels and speech discrimination scores.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that his current disability did not result from noise exposure during military service.

The Veteran's cause of death is not service-connected as the evidence does not meet the criteria for service connection under specific statutory and regulatory guidelines.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied. The Veteran's claim for an increased rating of over 10 percent for tinnitus (claimed as service connection for depression and anxiety secondary to tinnitus) is remanded.

The Veteran's bilateral hearing loss disability is currently rated at 50 percent, and the Board denied a higher rating. The Veteran also received a TDIU due to his service-connected disabilities.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for a VA examination and an adequate medical opinion regarding the relationship between his current hearing loss and in-service noise exposure.