Hearing loss decisions — 2022

The Board has granted the Veteran's claim for service connection for bilateral hearing loss, finding that it was incurred in service due to noise exposure from his duties as a tank commander.

The Veteran's claims for earlier effective dates for service connection of bilateral hearing loss and tinnitus were denied as there was no legal basis to assign an earlier date, with the earliest possible effective date being January 21, 2016.

The Veteran's appeals regarding service connection for GERD, right knee osteoarthritis, painful right knee scar, bilateral hearing loss, left thumb disability, left thumb scar, and left hip muscle strain (flexion) have been dismissed due to the Veteran's request for withdrawal of these issues.

The Board has decided to remand the Veteran's claims for bilateral hearing loss and tinnitus due to inadequate VA examination and failure to obtain private medical records.

The Board has determined that the appellant's bilateral hearing loss and tinnitus are related to his active duty service, granting the claims for service connection.

The Veteran's bilateral hearing loss is rated at 20 percent effective June 13, 2022. Prior to that date, the condition was not service-connected or did not meet criteria for a compensable rating.

The Veteran's claim for TDIU prior to October 22, 2020 was denied as he did not meet the schedular criteria for a TDIU rating due to his service-connected disabilities. The Board found that the Veteran had some capacity for substantially gainful employment despite his service-connected conditions.

The Board has remanded the case due to insufficient evidence of a hearing loss disability for VA purposes, and further development is needed.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to insufficient information about his employment history and educational background.

The Board has remanded the cases due to the Veteran's failure to attend scheduled VA examinations. The claims for service connection for left knee condition, right knee condition, and bilateral hearing loss are being returned for further examination.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete evaluations, including a lack of consideration of the Veteran's lay statements regarding in-service noise exposure. The claims are being returned for further development.

The Veteran's service-connected disabilities, including PTSD, diabetes, bilateral hearing loss, tinnitus, peripheral neuropathy, and erectile dysfunction, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on the severity of his disabilities.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there is no evidence of a nexus between these conditions and his active military service.

The Board has remanded the case due to a need for a new VA examination regarding hearing loss and tinnitus. The issues of service connection for both conditions are now pending.

The Veteran's appeal was denied as his TDIU claim and bilateral hearing loss rating were both denied. The Veteran is currently in receipt of a 100% combined disability rating due to service-connected coronary artery disease, but the Board found that he did not meet the criteria for a TDIU based on any single service-connected condition other than his coronary artery disease. His bilateral hearing loss was rated as noncompensable.

The Board has granted service connection for hypertension due to herbicide exposure under the PACT Act. The Veteran's other claims are remanded for further development and consideration.

The Board has remanded the Veteran's claims for bilateral hearing loss due to a lack of recent VA examination and potential outstanding private treatment records.

The Board has dismissed the Veteran's appeals for effective dates earlier than July 15, 2014, for grants of service connection and initial ratings for bilateral hearing loss and right fourth and fifth toe sprains. The appeal is also dismissed for entitlement to an initial rating in excess of 20 percent for right fourth and fifth toe sprains.

The Board has remanded the claims for service connection due to incomplete development and addressing all theories of entitlement, including secondary service connection.

The Board has denied the Veteran's claim for a rating in excess of 10 percent for tinnitus and remanded his claim for a compensable rating for bilateral hearing loss.