Hearing loss decisions — 2022

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's left ear hearing loss is related to service, specifically his conceded noise exposure.

The Veteran's petition to reopen claims for service connection for hearing loss and tinnitus was denied. The claim for increased rating for CAD from October 1, 2014 to July 16, 2015 was granted with a 60% disability rating. The claim for increased rating for CAD from November 1, 2015 to May 26, 2021 was denied. Service connection for hypertension is granted due to herbicide exposure under the PACT Act. The claim for secondary service connection for COPD due to CAD was denied.

The Veteran's ischemic heart disease, bilateral hearing loss, and bilateral tinnitus have been granted service connection due to presumed exposure to herbicide agents during his active duty in Vietnam.

The Veteran's initial compensable rating for bilateral hearing loss is being remanded due to the use of outdated VA examination results and a lack of clarity on the speech recognition test used by the private audiologist. The AOJ will arrange for a new VA audiological examination, clarify the speech recognition test used in the August 2018 evaluation, obtain ongoing VA treatment records, and provide the Veteran with the requested audiometric testing data.

The Board has remanded two issues: service connection for cause of death and service connection for bilateral hearing loss (for the purposes of accrued benefits). The AOJ needs to adjudicate these claims before they can be considered by the Board.

The Veteran's appeal for increased ratings for bilateral hearing loss prior to October 6, 2022 and from that date onwards was denied. The Board found the evidence did not warrant a rating in excess of 20 percent prior to October 6, 2022 or in excess of 40 percent thereafter.

The Board granted a 100 percent rating for PTSD prior to July 29, 2013, and dismissed the TDIU claim as moot.

The Veteran's hearing loss is being remanded for extraschedular consideration as it may affect his ability to function under the ordinary conditions of daily life, including employment.

The Veteran's claim for an initial compensable rating for hearing loss was denied because he failed to appear for a VA examination without providing good cause.

The Board denied the Veteran's claim for service connection for a bilateral hearing loss disability, finding that new and material evidence had not been received to reopen the claim.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss disability and tinnitus due to insufficient medical opinion regarding the onset or causation of these disabilities.

The Veteran's tinnitus is granted as service-connected, while his bilateral hearing loss and lumbar spine disability are denied.,The Board finds that the evidence is at least in approximate balance for the grant of service connection for tinnitus but denies service connection for bilateral hearing loss and remands the issue of service connection for a lumbar spine disability.

The Veteran's claim for increased ratings for bilateral hearing loss prior to August 24, 2022 and in excess of 40 percent thereafter was denied. The Board found that the Veteran's hearing impairment did not warrant higher ratings based on the current evidence.

The Board denied the Veteran's claim for an increased rating for his bilateral hearing loss, finding that he did not meet the criteria for a compensable rating based on the audiometric test results.

The Board has remanded the claims for higher initial ratings for radiculopathy of both lower extremities and service connection for a chronic headache disability, as well as for a respiratory disability. The Veteran's hearing loss claim is denied.

The Veteran's appeal for increased ratings and TDIU is being remanded due to missing VA audiometric test results from assessments conducted in October 2021, December 2018, and July 2017. These tests may contain relevant information pertinent to the progression of his hearing loss.

The Veteran's bilateral hearing loss disability was increased to a 40 percent rating for the period beginning August 2, 2022. The previous rating of 30 percent has been maintained prior to that date.

The Veteran's appeal is remanded for the following issues: entitlement to a disability rating in excess of 70 percent for service-connected PTSD, entitlement to a compensable disability rating for service-connected bilateral hearing loss, and entitlement to service connection for psoriatic arthritis. Additionally, the matter of total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded as it is inextricably intertwined with the above issues.

The Veteran's claim for an earlier effective date for the grant of a TDIU was dismissed as the Board does not have jurisdiction over freestanding claims.,The Appellant's claim for CUE in prior rating decisions was also dismissed without prejudice.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not caused by his military noise exposure.