Hearing loss decisions — 2023

The Board has remanded three claims: bilateral hearing loss, tinnitus, and squamous cell carcinoma of the true vocal cord. The hearing loss and tinnitus claims require additional opinions due to insufficient evidence in the record. The cancer claim requires an opinion regarding exposure to solvents.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss and an acquired psychiatric disorder due to a lack of analysis based on proper legal principles, specifically regarding the presumption of soundness upon entry into service.

The Board denied reopening the Veteran's claim for service connection for bilateral hearing loss as new and material evidence had not been received, despite some of the newly submitted evidence being considered new but not material.

The Veteran's bilateral hearing loss is currently rated at 10 percent from February 25, 2014 to November 22, 2019. The Board has found the evidence in approximate balance for a compensable rating of 10 percent for the period from February 25, 2014 to November 22, 2019. The Veteran's claim for an increased rating is remanded as his hearing loss may have worsened since his last examination.

The Board denied service connection for sinusitis, finding no current diagnosis and insufficient evidence linking the Veteran's symptoms to her military service.,The Board granted service connection for hearing loss of the left ear, considering credible testimony about in-service noise exposure and resolving all doubt in favor of the Veteran.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to November 21, 2012. Effective November 21, 2012, the evidence shows that he is unable to secure or follow a substantially gainful occupation due to his service-connected conditions.

The Board has remanded the Veteran's claims for service connection for various conditions due to an error in docketing his appeal under the Appeals Modernization Act (AMA). The Veteran must now file a Statement of the Case and submit a VA Form 9 if he wishes to continue with his appeals.

The Board has dismissed all service connection claims due to the appellant's death.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's symptoms began during his military service.

The Board has decided that further development is needed to determine if the Veteran's hearing loss is associated with any other conditions, such as dizziness and imbalance. The case is being sent back for a VA examination.

The Board has determined that the Veteran does not have a current diagnosis of any of the claimed conditions, including bilateral eye disability, vertigo, depression, anxiety, lumbar spine disability, bilateral hearing loss, and tinnitus. As such, service connection for these conditions is denied.,The Board also found that there was insufficient evidence to establish a link between the Veteran's in-service complaints or symptoms and his current disabilities.

The Board has decided to remand the Veteran's claim for service connection for a bilateral hearing loss disability due to conflicting opinions and need for further development.

The Veteran's service connection claims for Meniere's disease, bilateral hearing loss as secondary to Meniere's disease, and tinnitus have all been granted. The conditions are considered presumptively related due to the Veteran's service in the Persian Gulf War.

The Veteran's claims for service connection for bilateral tinnitus, vertigo, bilateral knee weakness, and bilateral lower extremity blood vessel aneurisms are remanded due to the need for additional medical opinions. The claim for initial compensable disability rating for bilateral hearing loss is denied.

The Veteran's cervical spine strain with degenerative disc disease was improperly reduced from 20% to 10%, and the 20% rating is restored. The Veteran's lumbar spine disorder, right lower extremity radiculopathy, left hip disorders, and bilateral hearing loss were remanded for further evaluation.

The Veteran's appeals for an increased rating for tinnitus and service connection for hearing loss have been dismissed.,The Veteran's claim of service connection for headaches has been granted, but his claim for service connection for an acquired psychiatric disorder (including depression) secondary to headaches has been denied.

The Veteran's bilateral hearing loss has not manifested functional impairment equivalent to a compensable rating at any time during the appeal period.,The Veteran's left knee disability has not manifested functional impairment equivalent to flexion limited to 30 degrees or any other impairment to warrant higher or separate ratings during the appeal period.,The Veteran's right knee disability has not manifested functional impairment equivalent to flexion limited to 30 degrees or any other impairment to warrant higher or separate ratings during the appeal period.

The Veteran's service-connected bilateral hearing loss is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.

The Veteran's TDIU claim from October 6, 2009, to December 26, 2012, is granted. The evidence is in equipoise as to whether the service-connected disabilities have rendered him unemployable.

The Veteran's cause of death is attributed to chronic systolic (congestive) heart failure, nonrheumatic aortic (valve) stenosis, and unspecified atrial fibrillation. The Board has determined that the service connection for these conditions needs further clarification due to insufficient evidence in the record.