Hearing loss decisions — 2022

The Veteran's claims for service connection, increased rating for PTSD, and TDIU are being remanded due to the need for additional review of newly obtained medical evidence.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining VA treatment records and scheduling examinations for his service-connected disabilities.

The Veteran's acquired psychiatric disorder, left ear hearing loss, and hypertension are granted. Service connection for sleep apnea is also granted but with a reduced rating.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that these conditions are related to the Veteran's military service.

The Board denied a compensable rating for left ear hearing loss as there were no valid audiogram results from the appeal period that met VA's criteria for service connection.

The Veteran's hearing loss and tinnitus are considered service-connected, with the Board finding that his current conditions are at least as likely as not related to in-service noise exposure.,Service connection for hypertension is granted on a direct basis due to documented exposure to herbicide agents during service. The Veteran's peripheral artery disease is also found to be service-connected secondary to diabetes mellitus.

The Veteran's service connection claim for bilateral hearing loss is denied as there is no current diagnosis of the condition.,Service connection granted for headaches, with aggravation during service.

The Veteran's claims for bilateral hearing loss, glaucoma, erectile dysfunction, prostate disability, skin disability, and peripheral neuropathy have been denied as there is no evidence of a current disability or a relationship to service.,Service connection was not granted because the Veteran refused VA examinations which are necessary to determine if any claimed conditions were incurred in or aggravated by service.

The Board has remanded the case due to inadequate medical opinions regarding a significant shift in pure tone thresholds and whether the Veteran's hearing loss disability was aggravated by service.

The Board has decided to remand the case due to inadequate medical opinion regarding the etiology of the Veteran's bilateral hearing loss. The Veteran is requested to provide an addendum medical opinion considering all relevant evidence, including his service records and lay statements.

The Veteran's claim for an initial evaluation in excess of 10 percent for tinnitus is denied.,The Veteran's claims for bilateral hearing loss, Whipple's disease, a pancreatic condition, an autoimmune disease, and a gallbladder disorder are remanded due to outstanding VA treatment records and the need to consider service connection based on exposure to herbicides.,There is no evidence of service connection being sought in this decision.

The Veteran's bilateral hearing loss is granted as service connected. The issue of diabetes mellitus, to include as secondary to herbicide exposure, remains pending and will be remanded for further review.

The reduction of the rating for bilateral hearing loss from 40 percent to 10 percent, effective May 1, 2016, was not proper and is void ab initio. The Veteran's entitlement to a TDIU is also remanded.

The Veteran's appeal for a higher rating for tinnitus and TDIU prior to June 29, 2010 is being remanded due to the need for further development.,Special monthly compensation (SMC) is also being remanded.

The Board has determined that a remand is necessary to address the Veteran's claims for service connection for bilateral eye conditions, bilateral hearing loss, and tinnitus due to inadequate opinions in the March 2015 VA examination.

The Board has determined that the Veteran's bilateral hearing loss is not related to his active service, as there was no diagnosis of hearing loss during or within one year after separation from service. The VA examiner opined that the current hearing loss is less likely caused by military noise exposure.,Regarding tinnitus, the evidence is at least in equipoise as to whether it began during service and has persisted since then.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and an increased rating for PTSD, finding that there was no evidence of a current disability or in-service incurrence.

The application to reopen a claim of entitlement to service connection for bilateral hearing loss is denied.,New and material evidence has been received to reopen a claim of entitlement to service connection for tinnitus. The claim for service connection for tinnitus is granted.,New and material evidence has been received to reopen a claim of entitlement to service connection for cervical degenerative arthritis. The claims regarding the Veteran's cervical degenerative arthritis and low back condition are remanded for de novo review on the merits.,New and material evidence has been received to reopen a claim of entitlement to service connection for low back condition. The claims regarding the Veteran's cervical degenerative arthritis and low back condition are remanded for de novo review on the merits.,The application to reopen a claim of entitlement to service connection for right leg condition is remanded.,The application to reopen a claim of entitlement to service connection for left leg condition is remanded.

The Board denied the Veteran's claims for initial compensable ratings for left ear hearing loss prior to November 4, 2020 and bilateral hearing loss from November 4, 2020. The decision found that the Veteran had Level I hearing loss in both ears, which did not warrant a compensable rating.

The Veteran's bilateral hearing loss is currently rated as noncompensable (0%) due to Level I hearing in each ear, which does not meet the criteria for a compensable rating.