Hearing loss decisions — 2023

The Board has vacated its decision granting a rating greater than 40 percent for bilateral hearing loss and dismissed the appeal due to concurrent elections.

The Board denied the Veteran's claim for service connection for right ear hearing loss as there is no evidence of current disability, and the weight of the evidence is against finding that he has had right ear hearing loss at any time during the appeal or proximate thereto.

The Veteran's service-connected heart disability, coronary artery disease, prevents him from securing or following substantially gainful employment. The Board granted the TDIU claim based on this condition.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to his military service.

The Board denied service connection for right ear hearing loss and left ear hearing loss, as well as ratings greater than 10 percent for right ankle sprain and left ankle tendonitis. The Veteran's current hearing loss does not meet the criteria for a disability for VA purposes, and his ankle disabilities do not meet the criteria for a rating greater than 10 percent.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been granted. The claim for TDIU prior to January 31, 2022 is also remanded.

The Veteran's appeal for higher ratings for bilateral hearing loss and TDIU was denied. The Board found that the evidence did not support a disability rating greater than 50 percent for his bilateral hearing loss, and he is unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The veteran withdrew their appeals for right ear hearing loss, left ear hearing loss, and tinnitus. The Board dismissed the appeal as a result.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that the Veteran's symptoms are related to his exposure to acoustic trauma during active service.

The Veteran's hearing loss is remanded for further examination and opinion to determine if it is related to service, including noise exposure and PTSD.

The Veteran's claim for service connection for hypertension as due to service-connected diabetes mellitus was denied. However, the Board granted service connection for hypertension on a direct basis under the PACT Act. The Veteran's claims for an initial compensable rating for bilateral nuclear sclerotic cataracts and a disability greater than 20 percent for bilateral high frequency hearing loss were both denied.

The Veteran's claim for a compensable rating for bilateral sensorineural hearing loss is being remanded due to a pre-decisional duty to assist error. The AOJ needs to correct the error by providing proper notification and assistance in developing his claim, including scheduling an audiogram examination.

The Veteran's application for PCAFC benefits was denied as their combined rating of service-connected disabilities is below the required threshold (70%) to be considered a 'serious injury' under VA regulations.

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

The Veteran's claim for service connection for tinnitus is granted. The claim for service connection for bilateral hearing loss is remanded.

The Veteran's claims for service connection for bilateral hearing loss and prostate condition are being remanded due to the need for additional development.,His erectile dysfunction claim is denied as there is no compensable symptom beyond inability to achieve or maintain an erection. His adjustment disorder with mixed anxiety and depressed mood claim remains at 50 percent.

The Board has found new and relevant evidence for readjudicating the claims of service connection for bilateral hearing loss, tinnitus, right knee disorder, left knee disorder, and psychiatric disorder. The Veteran's claim is remanded due to incomplete service records and a need for VA examinations.

The Board has vacated the July 2023 decision and remanded the issues of service connection for an acquired psychiatric disorder (PTSD), chronic obstructive pulmonary disease, and right ear hearing loss. The Veteran's appeal is being addressed due to a duty to assist error in obtaining a VA examination regarding his PTSD.

The Veteran's service connection claim for throat cancer is granted due to exposure to contaminated water at Camp Lejeune. The claim for bilateral hearing loss is denied as there is no current disability meeting the VA criteria.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected, with the right ear hearing loss linked to diabetes mellitus.