Hearing loss decisions — 2022

The Veteran's claims for service connection for hypertension, bilateral hearing loss, right knee disorder, and respiratory disorder have been granted. The decision also remanded the issues of entitlement to service connection for a right knee disorder, respiratory disorder, and bilateral hearing loss.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his military noise exposure. The claims were previously denied due to a lack of evidence showing a permanent shift in hearing thresholds during service.

The Board has found that the duty to assist prior to the appealed rating decision necessitates remand due to a pre-decisional failure of the duty to assist. The Veteran's claims for bilateral hearing loss, tinnitus, right knee condition, and left knee condition are all remanded for further development.

The Board has remanded the claims of service connection for cause of death and entitlement to DIC under 38 U.S.C. § 1318 due to a duty-to-assist error in obtaining an adequate medical opinion prior to the August 2019 rating decision on appeal.

The Veteran's claim for service connection for tinnitus was granted. The claim for recurrent foot disability to include bilateral pes planus and bilateral hearing loss was denied.

The Board has remanded the claims for bilateral hearing loss and coronary artery disease associated with herbicide exposure due to incomplete records. The effective dates for service connection are not granted as there is no evidence of a claim prior to March 4, 2014.

The Veteran's bilateral hearing loss is currently rated at 10 percent, and the Board finds there were pre-decisional duty to assist errors. Therefore, a remand is required for further evaluation.

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance.

The Veteran's appeal for an evaluation in excess of 10 percent prior to April 19, 2022, for service-connected bilateral hearing loss is denied.,The Veteran's appeal for an evaluation in excess of 40 percent since April 19, 2022, for service-connected bilateral hearing loss is also denied.

The Veteran's appeal is remanded for further development, including verification of his service stationing at Camp Le and additional medical records to determine the presence or absence of chronic lymphocytic leukemia.

The Veteran's bilateral hearing loss is rated as Level I, which does not meet the criteria for a compensable rating. The Board denied his claim for an initial compensable rating.

The Veteran's bilateral hearing loss, tinnitus, and leukemia were not service-connected as they did not meet the criteria for presumptive conditions or direct service connection.,Service records do not show any evidence of these conditions during active duty. The Appellant's claims are based on assertions that the Veteran experienced symptoms in later years.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus are granted with an effective date of February 18, 2009.

The Board has granted an earlier effective date of May 21, 2019 for the grant of service connection for major depressive disorder with insomnia and bilateral hearing loss. The Veteran's claims were filed within one year of their intent to file.

The Veteran's bilateral hearing loss is determined to have begun during his military service and has been continuous since then. The Board grants service connection for this condition.

The Veteran is not entitled to SMC at a rate intermediate between SMC(l) and SMC(m) (SMC(p)) because he does not have an additional disability rated as 50 or 100 percent disabling.,The Veteran's claim for higher level of SMC, claimed as entitlement to SMC(t), is denied due to the lack of evidence showing that he requires a 'higher level of care' than what is required for regular aid and attendance.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his military service, as there is no evidence of in-service noise exposure or symptoms. Therefore, service connection for these conditions cannot be granted.

The Veteran's bilateral hearing loss and other service-connected conditions render him unable to secure or follow a substantially gainful occupation.,The Veteran is currently rated at 30 percent for his combined service-connected disabilities, which includes bilateral hearing loss (20%), tinnitus (10%), osteoarthritis of the left knee (10%), degenerative disc disease of the lumbar spine with limited extension of right knee (10%), limited extension of left and right knees (10% each), and osteoarthritis of the left and right ankles (10%).

The Veteran's claims for increased ratings were denied. The effective dates for TDIU and DEA benefits are granted.

The Veteran's tinnitus is granted as service connected. The Board finds the Veteran credible regarding his claim that he experiences symptoms of tinnitus since active service, and resolves reasonable doubt in his favor. For bilateral hearing loss, a new addendum opinion is needed to determine if it had its onset during or was aggravated by his period of ACDUTRA from June 1963 to December 1963.