Hearing loss decisions — 2022

The Veteran's claims for service connection for bilateral hearing loss disability and tinnitus have been reopened, but the increased rating claim for lumbar spine disability remains pending.,The Board has remanded both issues to allow further development.

The Board has decided to remand the case due to insufficient consideration of the Veteran's lay statements and the evidence regarding in-service noise exposure. The Veteran's current bilateral hearing loss may be related to his service, including delayed-onset hearing loss.

The Veteran's service-connected bilateral hearing loss was rated at 10 percent prior to October 26, 2016 and in excess of 10 percent thereafter. The Board found that the criteria for a compensable rating have not been met.

The Board has granted the Veteran's claim for service connection for a right ear hearing loss disability, finding that it is at least as likely as not related to his in-service noise exposure.

The Veteran's initial claim for an increased rating for bilateral hearing loss was denied. The Board found that the Veteran's hearing loss manifested at a 20 percent disability level prior to January 7, 2022; at a 40 percent disability level from January 7, 2022, to August 2, 2022; and at a 20 percent disability level beginning on August 3, 2022.

The Board has remanded the cases of entitlement to a compensable initial rating for bilateral hearing loss and entitlement to a total disability rating due to individual unemployability (TDIU) due to procedural issues.

The Veteran's right ear hearing loss and tinnitus were not shown to have manifested by any symptomatology during or within one year of separation from active service. The Board denied these claims as the evidence did not support a finding that they are related to service.,For his back disability, skin condition of the feet, and migraine condition, no diagnosed form of arthritis was found within one year of discharge from service. The Veteran's complaints were noted only after 10 years post active service.

The Board denied service connection for bilateral hearing loss disability, finding that the evidence did not support a link between the condition and active duty service.

The Board has remanded the issues of service connection for left ear hearing loss, peripheral neuropathy of the left lower extremity, and peripheral neuropathy of the right lower extremity due to new evidence submitted by the Veteran.

The Board found that the Veteran's March 2017 substantive appeal was untimely, as it was received nearly one year after the April 2016 Statement of the Case and more than 60 days after the April 2016 SOC. The decision denied the appeal due to lack of timely submission.

The Board has denied service connection for bilateral hearing loss and remanded the claim for service connection for an acquired psychiatric disorder, including PTSD. The case is now being returned to VA for further development.

The Veteran's claims of service connection for bilateral hearing loss, tinnitus, chronic kidney disease, and anemia have been denied as there is no evidence linking these conditions to his military service.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's bilateral hearing loss, which is believed to be related to military noise exposure. A new VA audiological examination is needed.

The Board has granted service connection for tinnitus, finding that the Veteran's current tinnitus had its onset during active duty. Service connection was denied for bilateral hearing loss.

The Veteran's migraines, coronary artery disease, diabetes mellitus, tinnitus, and bilateral hearing loss have rendered him unable to secure and follow a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's hypertension is granted as presumed due to herbicide agent exposure. The issues of entitlement to service connection for erectile dysfunction and bilateral hearing loss are remanded.

The Board has remanded all service connection claims due to incomplete STRs and the need for additional examinations. The Veteran's claims include TBI, PTSD, insomnia, eye disorders, ear disorders, shoulder disabilities, back disability, and neck disability.

The Veteran's claim for bilateral hearing loss was denied due to lack of evidence showing a nexus between the condition and service. The claim for tinnitus was granted as there is at least equipoise evidence supporting its onset during service.,New evidence submitted since the final denial supports both claims, but the decision on each issue remains pending.

The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, Hodgkin's lymphoma, hypogammaglobulinemia, anemia, right knee patellofemoral pain syndrome, and left knee patellofemoral pain syndrome. The AOJ is instructed to secure service personnel records listing all periods of ACDUTRA and INACDUTRA, verify the Veteran's claimed herbicide agent exposure at Fort Chaffee, Arkansas, and obtain a VA examiner opinion regarding the etiology of these disabilities.

The Board denied service connection for bilateral hearing loss, finding that the Veteran's current hearing loss is not related to his military service and did not manifest within one year of separation.