Hearing loss decisions — 2023

The Board has remanded the Veteran's claims for service connection for hearing loss, left knee disorder, right knee disorder, and psychiatric disorder due to incomplete development of evidence.

The Board has denied a compensable rating for bilateral hearing loss and has remanded the issues of service connection for low back disability and right sacroiliac joint dysfunction (claim as a right hip disability).

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current condition is related to his active duty service.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee, left knee, cervical spine disorder, CFS, right fingers, left fingers, right hip, left hip, lumbar spine disorder, right wrist, left wrist, left leg, right shoulder, left lower extremity sciatic nerve disorder, burns of the right tibia/fibula, and GERD disorders due to incomplete service treatment records and lack of confirmation of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).

The Board has remanded the claims for bilateral hearing loss, right knee disability, and left knee disability due to insufficient medical opinions addressing their etiology. The Veteran's service records indicate he had knee problems in service, but his current disabilities may be related to post-service treatment or other factors.

The Veteran's clinically normal hearing acuity does not meet the criteria for service connection for bilateral hearing loss disability.

The Veteran's service-connected disabilities have necessitated his reliance on others to attend to his daily personal activities, and the Board has determined that he requires regular aid and attendance due to his service-connected PTSD and heart issues.

The Board's decision is vacated due to a failure to address the Veteran's lawful opt-in to the Appeals Modernization Act (AMA) system, which violated his right to due process of law.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, tinnitus, hepatitis C, low back disability, neck disability, and gout. The evidence did not establish a direct relationship between these conditions and his active service.

The Veteran's initial ratings for scar, status post inguinal hernia and allergic rhinitis with deviated septum and sinusitis are denied. The Board finds a remand is necessary to obtain relevant treatment records and conduct an adequate VA examination.,Service connection for bilateral hearing loss and hyperlipidemia (high cholesterol) is denied as the Veteran does not have these conditions for VA purposes.

The Veteran's appeal of service connection for CFS was dismissed. The claims for TBI, skin condition, bilateral shin splints, and right thumb fracture residuals were denied as there is no persuasive evidence of current disabilities or symptoms related to these conditions. The claim for bilateral hearing loss was also denied due to lack of a diagnosed disability.

The Board has remanded the claims for bilateral hearing loss, PTSD, headache disability, and thoracolumbar spine disability due to delays in scheduling VA examinations. The Veteran's failure to report for these examinations is being addressed.

The Board has determined that additional evidence needs to be considered and the claims are being remanded for further review.

The Board has remanded the Veteran's claims for bilateral hearing loss and tinnitus due to errors in the November 2018 VA examination, including an incorrect history of threshold shifts at 6000 Hertz on entrance and separation exams.

The Board has determined that additional development is needed to determine the nature and etiology of any hearing loss and tinnitus, including reviewing new service records and obtaining private medical records. The Veteran will be provided with a VA examination to assess his claims.

The Board denied the Veteran's claim for service connection for left ear hearing loss, finding that his preexisting condition did not worsen during military service.

The Veteran's initial claim for an increased rating for bilateral hearing loss was denied as his audiometric results did not meet the criteria for a compensable evaluation.

The Veteran's right thumb scars are rated as 20 percent disabling since April 23, 2021. The claim for a rating in excess of 10 percent is remanded due to the need for clarification on whether his hand shaking and numbness were caused or aggravated by his right thumb disability. Additionally, the Veteran's hearing loss is denied as he does not meet the criteria for a VA hearing loss disability.

The Veteran's appeals for increased ratings for migraine headaches and bilateral hearing loss, as well as service connection for sleep apnea and a heart condition, have been dismissed due to the Veteran's attorney withdrawing his appeal.

The Veteran's petition to reopen a claim for service connection for right ear hearing loss is granted, and the claim is also granted.,Service connection is granted for both right ear hearing loss and tinnitus as secondary to right ear hearing loss.