Hearing loss decisions — 2023

The Veteran's PTSD resulted in occupational and social impairment with deficiencies in most areas, but he maintained substantially gainful employment.,The Veteran did not meet the criteria for a TDIU as his service-connected disabilities did not preclude him from obtaining and maintaining full-time employment.

The Veteran was gainfully employed until June 30, 2014. The Board denied the claim for TDIU prior to July 1, 2014 as there were no service-connected disabilities that prevented the Veteran from obtaining and maintaining substantially gainful employment.

The Board denied the Veteran's claim for a TDIU from December 15, 2014 to May 17, 2023, finding that his service-connected disabilities did not preclude him from substantially gainful employment.

The Board has remanded the claims of service connection for colon cancer, bilateral elbow disorders, and bilateral hearing loss due to procedural errors in previous decisions.

The Veteran's hearing loss, pinguecula (eyes burning), sleep apnea, hypertension, left shoulder disability, allergies, shin splints, knee pain, and neck disability are all remanded for further examination and opinion. The PACT Act is not applicable to these claims.

The Veteran's tinnitus is related to in-service exposure to hazardous noise.,The Veteran does not have a current diagnosis of bilateral hearing loss for VA purposes.,There is no evidence that the Veteran has a left elbow disability that began during active service or is otherwise related to an in-service injury or disease.,There is no evidence that the Veteran has a neck disability that began during active service or is otherwise related to an in-service injury or disease.,The Veteran's acquired psychiatric disabilities (including PTSD, unspecified depressive disorder, generalized anxiety disorder and alcohol use disorder) are not related to his service.

The Board has remanded the Veteran's claim for service connection for bilateral hearing loss due to lack of evidence linking it to active service, including noise exposure. The most persuasive evidence is that the hearing loss is not related to in-service events.

The Veteran's petition to reopen the claim for service connection for TBI was granted, and he is now entitled to a grant of service connection. His left knee disability remains rated at 20 percent. The increased rating claim for his left knee disability was denied. Service connection claims for depression secondary to TBI, right knee patellar tendon rupture as secondary to service-connected left knee disability and/or TBI, and bilateral hearing loss were all remanded.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's bilateral hearing loss and its relationship to service. The claim will be further developed with an addendum opinion from a VA examiner.

The Veteran's increased rating claims for right ear hearing loss, diabetes, hypertension, erectile dysfunction (ED), bilateral cataracts, and peripheral neuropathy have been denied. The Board has also remanded the issues of service connection for obstructive sleep apnea (OSA) and TDIU on an extraschedular basis prior to August 5, 2016.

The Veteran's claim for bilateral hearing loss was denied as he did not have a current disability. The claims for diabetes, coronary artery disease, and peripheral neuropathy were granted with effective dates prior to the date of receipt of his claims.,The Veteran's sleep disorder and headache disorder claims are remanded for further examination.

The Veteran's CAD and hypertension are found to be related to his service-connected PTSD.,PTSD is not associated with the claimed conditions of tinnitus, migraine headaches, sleep disorder, right shoulder disability, left shoulder disability, diverticulitis, bilateral eye disability, low back disability, or bilateral hearing loss.

A 30 percent rating for asthma is granted, separate from a rating for service-connected obstructive sleep apnea (OSA). The appeals seeking reopening of a prior final denial of service connection for memory loss; service connection for fatigue, bilateral hearing loss, and hernia; increased ratings greater than 10 percent each for right knee strain with patellofemoral pain syndrome and residuals of right fifth metatarsal fracture; and an earlier effective date than May 23, 2018, for the grants of service connection for left and right knee strain with patellofemoral pain syndrome, lumbosacral strain, hypertension, tension headaches, right and left shoulder strain with glenohumeral joint instability, and asthma are dismissed.

The Veteran's appeal for a higher rating for bilateral hearing loss was denied. The appeal to restore the 40 percent rating for lumbosacral strain was granted, and the rating is restored effective February 1, 2019.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there is no current diagnosis of a hearing loss disability and thus not meeting the criteria for service connection.

The Board has determined that the current evidence is insufficient to make a decision on the service connection claim for bilateral hearing loss, and thus remands the matter for additional development.

The Board has dismissed the Veteran's claims for service connection and increased ratings, as well as earlier effective dates, due to prior decisions in a previous appeal.

The Veteran's appeal regarding a rating in excess of 10 percent for bilateral hearing loss has been dismissed as the Veteran requested withdrawal prior to the Board making a decision.

The Veteran is seeking an earlier effective date for the award of service connection for various disabilities. The Board has determined that additional development is needed to determine if VA followed proper procedures in scheduling his examinations, which could affect the assigned effective dates.

The Veteran's service-connected bilateral hearing loss is found to be the primary cause of his vestibular disorder, and he has been granted a TDIU from December 19, 2002. The issue of entitlement to an extraschedular TDIU prior to that date remains pending.