Hearing loss decisions — 2022

The Board has added new evidence to the claims file and finds that it is relevant to the Veteran's service connection claims. The case is being remanded for readjudication based on this additional evidence.

The Veteran's bladder cancer is granted service connection as it was presumed to have been caused by his exposure to herbicide agents in Vietnam. His tinnitus is also granted service connection, with the presumption that it began during his active duty service. However, his bilateral hearing loss remains pending due to incomplete verification of his Reserve service periods.

The claim for service connection for bilateral hearing loss is being remanded due to an apparent error in the previous denial.,Service connection has been denied for peripheral neuropathy of both upper extremities.

The Veteran's bilateral hearing loss and tinnitus are related to his military service, as evidenced by exposure to constant, excessive noise during his MOS as a chaparral crewman. Service connection is granted for these conditions.,The Veteran's major depressive disorder is related to his military service, with the same in-service stressors cited for PTSD. Service connection is granted for this condition.

The Board denied the Veteran's claims for service connection for right ear hearing loss and for a compensable rating for left ear hearing loss prior to November 7, 2018, as well as for a rating in excess of 10 percent for left ear hearing loss from that date onwards. The most probative evidence did not support the Veteran's claims.

The Board has dismissed the service connection claims for bilateral hearing loss and hemorrhoids due to the Veteran's death.

The Veteran's bilateral hearing loss disability is remanded for a new VA examination to assess its current severity. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claim.

The Veteran's initial 10 percent rating for bilateral hearing loss is granted effective April 4, 2017. A 30 percent rating is also granted effective August 14, 2018. The claim for a higher rating prior to April 4, 2017 and thereafter remains denied.

The Board has determined that the Veteran's claims for service connection and initial compensable disability rating for various conditions are remanded due to the need for additional examinations and the retrieval of private treatment records.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, a bilateral eye disability including vision loss, and a left foot disability due to potential issues with the medical opinions provided. The AOJ is instructed to obtain updated treatment records, arrange for VA examinations, and consider special procedures under 38 C.F.R. § 3.311 if applicable.

The Board has granted service connection for a back disability and remanded the issues of entitlement to service connection for a neck disability, bilateral hearing loss, and irritable bowel syndrome (IBS).

The Veteran's appeals for service connection have been withdrawn for several conditions, including hearing loss, left knee condition, right knee condition, left shoulder condition, right shoulder condition, left foot condition, and right foot condition. The claims for varicose veins, lower back condition, left ankle sprain, and right ankle sprain are granted.,The Veteran's appeal for service connection of a lower back condition is being remanded due to the need for further development.

The Veteran's bilateral hearing loss is remanded for further examination and consideration.

The Board has remanded the case for further development, including providing the Veteran and his representative with a copy of the curriculum vitae of the VA examiner who conducted the January 14, 2020 examination related to hepatitis C.

The Board has remanded several issues, including service connection for precancerous polyps of the colon due to contaminated water at Camp LeJeune, an initial evaluation higher than 10 percent for restless leg syndrome in both legs, and a skin disease related to Agent Orange exposure. The Veteran's hearing loss and PTSD claims are also on remand.

The Veteran's claim for service connection of bilateral hearing loss has been reopened, but the appeal is remanded. The Veteran's PTSD rating remains at 50 percent.

The Board has determined that a remand is necessary to obtain new VA examinations and medical opinions regarding the Veteran's claims for service connection for bilateral hearing loss and tinnitus. The current examination and opinion provided by the July 2018 examiner are deemed inadequate.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to March 4, 2019 due to insufficient evidence showing he was unable to secure and follow gainful employment because of his service-connected disabilities.

The Board has granted service connection for bilateral hearing loss on a presumptive basis as the Veteran's symptoms began in service and have continued since then.

The Veteran's tinnitus and bilateral hearing loss have been rated at the maximum schedular rating of 10 percent. The Board denied higher ratings for both conditions, finding that they do not meet the criteria for a higher rating under VA regulations.