Hearing loss decisions — 2023

The Veteran's hypertension, sleep apnea, hearing loss, and spondylosis and degenerative disc disease of the lumbar spine are all rated as they were originally. The issue of service connection for degenerative arthritis of the left knee is remanded due to new evidence submitted since the last denial.

The Veteran's bilateral hearing loss disability and ear problems and spasms were denied as service connection was decided on the merits, with no presumption or new evidence considered.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the conditions are etiologically related to in-service acoustic trauma.

The Veteran's bilateral hearing loss and tinnitus were not found to be related to service, with the Board finding that any current conditions are more likely due to post-service noise exposure.

The appeal as to whether new and material evidence has been received to reopen a claim for service connection for bilateral hearing loss is granted. The appeals to reopen the claims for service connection for heart disability, vertigo, and tinnitus are remanded.

The Board has determined that the Veteran does not have a current diagnosis of TBI or residuals thereof, nor any other service-connected vision problems or left ear hearing loss.,Therefore, the claims for service connection for these conditions are denied.

The Board has remanded the Veteran's claims for bilateral flat feet and plantar fasciitis, right or left ear disorder, right ankle lateral collateral ligament sprain, left ankle lateral collateral ligament sprain, right carpal tunnel syndrome (dominant), left carpal tunnel syndrome (nondominant), right shoulder acromioclavicular joint strain (dominant), right knee patellofemoral pain syndrome (PFS), and gastroesophageal reflux disease (GERD) due to the Veteran's failure to appear for VA examinations scheduled in April 2023.

The Veteran's bilateral hearing loss and tinnitus are service-connected as they were caused by in-service noise exposure. The TBI is also service-connected as it was proximately due to the service-connected back disability.,Service connection for left knee and right knee disabilities is granted as these conditions are secondary to the service-connected back disability.

The Veteran's service connection claim for a right knee fragmentation wound scar is granted. The Board finds that the Veteran's current diagnosis of a right knee scar is related to his active military service, specifically an in-service shrapnel wound during his tour in Vietnam. For other issues, including increased ratings for various disabilities and renal insufficiency prior to December 14, 2020, the decision remains pending as these are not final decisions.

The Board has denied service connection for bilateral hearing loss but granted service connection for tinnitus. The Veteran's tinnitus is considered to have started during service and has continued since.

The Board denied service connection for right ear hearing loss, finding that the Veteran does not have a current disability as defined by VA regulations.,The Board also denied service connection for tinnitus, noting that it did not meet the criteria for chronic disease under presumptive service connection and found the opinion inadequate due to the Veteran's reported history of tinnitus since service.

The claim of service connection for hearing loss is denied.,The claims of effective date earlier than June 17, 2017, for service connection for tinnitus and degenerative arthritis of the spine with intervertebral disc syndrome are both denied.,The claim of a rating higher than 70 percent for major depressive disorder with anxious distress and panic attacks is denied.,The claim of an earlier effective date for the grant of 70 percent rating for major depressive disorder with anxious distress and panic attacks is also denied.

The Veteran's claims for service connection have been granted for bilateral hearing loss, tinnitus, and an acquired psychiatric disorder (PTSD and depressive disorder). The remaining issues are remanded.

The Veteran's service-connected bilateral hearing loss is denied for a compensable rating prior to March 31, 2022 and a rating in excess of 10 percent from that date.

The Veteran's bilateral hearing loss disability was denied a compensable rating prior to February 2, 2021 and a rating in excess of 10 percent thereafter.

The Board has decided to remand the cases for further evaluation due to issues with the validity of the audiometric test results and the need for additional testing.

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

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation as of June 20, 2015.,Prior to June 20, 2015, the Veteran's TDIU claim was remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's bilateral hearing loss has been rated as noncompensable, with the most recent VA examination showing Level II in the right ear and Level III in the left ear. The Board found that this did not warrant a compensable rating.

The Veteran's appeals seeking increased ratings and effective dates for bilateral hearing loss and tinnitus have been dismissed due to the withdrawal of these appeals by his representative.