Hearing loss decisions — 2022

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to December 31, 2006.

The Board denied an increased rating for bilateral hearing loss as the evidence did not show that the Veteran's hearing impairment exceeded the levels contemplated for a noncompensable schedular rating.

The Veteran's claim for payment of full VA disability compensation benefits while incarcerated is denied due to his incarceration for a felony conviction, which disqualifies him from receiving higher compensation rates.

The Veteran's bilateral hearing loss was not found to warrant a compensable rating.,Service connection for degenerative joint disease of the lumbar spine and left knee has been granted.

The Board has remanded the issue of service connection for lumbar spine degenerative disc disease (DDD). The Veteran seeks to establish a link between his current DDD and his active duty service.,For residuals, fracture of right mandible, the claim is denied as the evidence does not support a rating in excess of 10 percent.

The Board denied service connection for bilateral hearing loss and the award of an effective date prior to April 16, 2017, for the award of service connection for a lumbar area scar rated noncompensable (0 percent).

The Veteran's service-connected disabilities, including PTSD, tinnitus, bilateral hearing loss, and vertigo, rendered him unable to secure or follow a substantially gainful occupation as of November 7, 2006. The Board granted a TDIU on an extra-schedular basis.

The Board has determined that there are new VA or private treatment records in the Veteran's file since the February 2018 SOC. The case is being remanded for the AOJ to review these records, readjudicate the claims, and issue a Supplemental Statement of the Case (SSOC).

The Veteran's appeal for a rating in excess of 40 percent for his low back disorder on an extraschedular basis, TDIU prior to May 16, 2012, and SMC based on the need for aid and attendance of another or being housebound was denied. The Board found that the Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful employment.

The Board has determined that the Veteran's bilateral hearing loss is due to noise exposure during service and granted his claim for service connection.

The Veteran's claim for a compensable evaluation prior to October 5, 2022 and an evaluation in excess of 10 percent thereafter for bilateral hearing loss is denied. The Board found that the evidence did not support earlier effective dates.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss for VA purposes, and thus service connection is denied.

The Veteran's 20% evaluation for bilateral hearing loss is restored from December 1, 2019 to July 19, 2021. The service connection claim for a psychiatric disorder remains remanded.

The Veteran's appeal is remanded for additional examinations and opinions to determine the nature of his heart condition, PTSD, asthma, and sleep apnea, as well as their relationship to service. The hearing loss claim remains denied.

The Veteran's service-connected disabilities have not rendered him unable to care for his daily personal needs without assistance from others, or unable to protect himself from the hazards and dangers of daily living on a regular basis. The Board denied entitlement to SMC based on need for aid and attendance or housebound status due to lack of evidence showing he is bedridden or so helpless that he requires regular aid and attendance.

The Veteran's authorized representative withdrew the appeal regarding bilateral hearing loss and tinnitus, thus these issues are dismissed.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's bilateral hearing loss and service, as well as the link between his tinnitus and hearing loss. The Veteran will need a new VA examination to address these issues.

The Veteran's bilateral hearing loss and tinnitus disabilities are related to noise exposure during service, and the Board has granted service connection for both conditions.

The Veteran's claim of service connection for bilateral hearing loss has been granted due to the submission of new and relevant evidence. The case is now remanded for further review.

The Veteran's right ankle sprain, tinnitus, and bilateral hearing loss are all granted. However, the Board has determined that additional evidence is needed for service connection on issues related to gastroesophageal reflux disease (GERD), headaches, left knee disorder, left thumb scar, and joint pain.