Hearing loss decisions — 2022

The Veteran's bilateral hearing loss and tinnitus are not related to service.,His sleep apnea is not shown to be causally or etiologically related to any disease, injury, or incident during service.

The Veteran's bilateral hearing loss and tinnitus are found to be related to his active duty service. The right foot, RUEPN, LUEPN, RLEPN, LLEPN, left hip, right hip, right CTS, left CTS, right hip scar, lumbar spine, CAD, left knee, right knee, hypertension, and ED conditions are not found to be related to his active duty service. The Veteran's Hepatitis C is denied as there is no evidence of a current disability or residuals associated with the condition.

The Veteran's lumbar spine disability is granted as service connected. The issues of service connection for other conditions are also granted.

The appeals to reopen claims for service connection for bilateral hearing loss and left knee disability are dismissed. The claim for service connection for an acquired psychiatric disorder is reopened, but the Veteran's tinnitus and headaches remain in dispute.

The Veteran's claim for an increased rating for bilateral hearing loss from October 4, 2016 to April 26, 2021 is denied. The claim for a higher initial rating of 30 percent or more for bilateral hearing loss after April 27, 2021 is also denied.

The Veteran's claim for increased ratings for bilateral hearing loss between June 24, 2014, and May 8, 2018, is denied as his hearing impairment did not warrant a rating in excess of 20 percent. The claim for an earlier effective date prior to May 8, 2018, was granted. However, the Veteran's claim for increased ratings from May 8, 2018, remains denied as his hearing impairment did not warrant a rating in excess of 40 percent.

The Board has granted service connection for tinnitus and has remanded the remaining issues due to outstanding VA treatment records, incomplete vocational rehabilitation folder, and need for additional examinations.

The Board has remanded the claims for increased ratings for bilateral hearing loss, left knee strain, internal derangement of the right knee, total disability based on individual unemployability (TDIU), and PTSD due to missing SSA records and examination reports that do not comply with the Board's instructions.

The Veteran's claims for increased ratings and TDIU were granted. He was awarded a 20% rating for right lower extremity sciatic nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, and bilateral hearing loss. A TDIU was also granted.

The Board has remanded the claims for left ear hearing loss, tinnitus, and an acquired psychiatric disorder (dysthymic disorder and depression) due to a lack of substantial compliance with its previous remand directives. The TDIU claim is also being remanded as it is inextricably intertwined with the other 1151 claims.

The Board has remanded the case due to issues with scheduling a VA examination for hearing loss, and it is unclear whether the Veteran received proper notice of the scheduled exam. The issue of tinnitus as part of the hearing loss claim remains unresolved.

The Veteran's right ear hearing loss does not meet the criteria for a disability for VA purposes, and therefore service connection is denied.

The Veteran's claims for service connection for achalasia, prostate cancer, and bilateral hearing loss are denied. The case is remanded for further action on the issue of bilateral hearing loss.

The reduction of the rating for bilateral hearing loss from 10 percent to noncompensable was improper, and the original 10 percent rating is restored.

The Veteran's petition to reopen claims for service connection for right pinky boxer's fracture residuals, right hand scar, left ankle condition, left knee condition, and right knee condition have been granted.,Service connection has also been granted for tinnitus.

The Board has previously denied the Veteran's claim for left ear hearing loss, finding that it preexisted service and was not aggravated by service. The Joint Motion with the Court of Appeals for Veterans Claims (Court) agreed that the Board erred in failing to provide adequate reasons and bases for its findings. The case is remanded again due to a need for clarification from the VA examiner who provided the November 2019 medical opinion.

The Veteran has withdrawn his appeals for the issues of service connection for bilateral hearing loss, a respiratory disorder, and a lumbar spine disorder, as well as an increased evaluation for PTSD.

The Veteran's tinnitus claim is granted, and his bilateral hearing loss claim is remanded for further development.

The Board has granted service connection for tinnitus but remanded the issue of service connection for bilateral hearing loss due to inadequate examination.

The Board denied service connection for bilateral hearing loss, finding it less likely than not that the Veteran's hearing loss began during or was caused by his active service.