Hearing loss decisions — 2023

The Board has found that the VA examinations related to hearing loss and tinnitus are inadequate, necessitating a new examination. The TDIU claim is also remanded as it is inextricably intertwined with the hearing loss and tinnitus claims.

The Veteran's service-connected disabilities have precluded all substantially gainful employment for which his education and occupational experience would otherwise qualify him during the periods from March 20, 2018 through November 30, 2020 and since March 23, 2022. However, the TDIU claim is remanded due to insufficient evidence regarding the period from December 1, 2020 through March 22, 2022.

The Board has remanded the claim for a compensable rating for bilateral hearing loss, including on an extraschedular basis. The case is being referred to the Under Secretary for Benefits or Director of Compensation Service for consideration.

The appeals for service connection for the listed disabilities are dismissed as the Veteran withdrew his claims.

The Board has decided that the discontinuance of a total disability rating based on individual unemployability (TDIU) effective January 1, 2019 was proper. The Veteran's claims for service connection for right ear hearing loss and low back disability are being remanded to issue a Statement of the Case.

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment since November 6, 2018. The Board has granted a total disability rating based on individual unemployability (TDIU) from that date.

The Veteran's service-connected disabilities, including right shoulder bursitis, right foot disability, bilateral hearing loss, and other hand disabilities, have rendered him unable to maintain substantially gainful employment as of November 1, 2020. The Board has granted a total disability rating based on individual unemployability (TDIU) for this period.

The Veteran's tinnitus is granted service connection. The cases of bilateral hearing loss, vertigo, cervical spine disability, thoracolumbar spondylosis, right lower extremity radiculopathy, left lower extremity radiculopathy, right knee osteoarthritis, left knee osteoarthritis, right hip osteoarthritis, and left hip osteoarthritis are all remanded for further development.

The Board denied service connection for bilateral hearing loss, finding that the Veteran's current hearing loss is not related to his military service due to a lack of continuity of symptomatology and no evidence of noise exposure during service.

The Veteran's bilateral hearing loss is currently rated as noncompensable, with a Level I hearing acuity in both ears. The Board denied the claim for a compensable rating.

The Board has remanded the claims for hearing loss, tinnitus, and bilateral knee degenerative joint disease due to insufficient evidence. The Veteran's current diagnoses are not supported by medical records, and there is no clear link between his service and these conditions.

The Board denied service connection for back pain, neck pain, bilateral hearing loss, and tinnitus. Service connection was granted for an acquired psychiatric disorder (bipolar disorder) but only if the condition manifested during active-duty service.

The Veteran's bilateral hearing loss was not incurred or aggravated by active service, and the Board found no causal relationship between his current hearing loss and in-service noise exposure.

The Board has determined that the Veteran's claims for service connection are remanded due to failure to obtain VA examinations and opinions as part of a prior remand. The issues include hearing loss, tinnitus, lung condition due to asbestos exposure, TBI, and non-prostrating posttraumatic headaches.

The Board has granted service connection for left ear hearing loss but remanded the right ear hearing loss issue due to insufficient evidence in the current VA examiner's opinion.

The Board has determined that the Veteran's bilateral hearing loss is related to his service, and thus grants service connection for this condition.

The Board denied a rating for bilateral hearing loss in excess of 60 percent, but granted service connection for tinnitus. The decision also noted that the Veteran's subjective perception of his hearing loss did not warrant a higher evaluation.

The Veteran's appeal of the issues of entitlement to service connection for sleep apnea, allergic rhinitis (claimed as sinusitis), right ear hearing loss and gastroesophageal reflux disease (GERD) (claimed as intestinal condition) is dismissed.

The Veteran withdrew his appeal regarding the service connection for right ear hearing loss after receiving a decision granting other issues on appeal.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied. The initial disability rating of 20 percent for left hand peripheral neuropathy prior to June 16, 2022, and the subsequent increase to 20 percent thereafter is granted. However, the issue of service connection for various conditions including lung disability, sleep apnea, hypertension, erectile dysfunction, Pseudofolliculitis Barbae (PFB), and Temporary Total Evaluation due to treatment for a service-connected condition requiring convalescence remains pending.