Hearing loss decisions — 2023

The petition to reopen a claim of entitlement to service connection for cardiac condition is denied.,The petition to reopen a claim of entitlement to service connection for thyroid cancer is granted and remanded.

The Veteran's claims for service connection have been reopened and granted.,The Veteran's right knee, low back strain, and bilateral hearing loss conditions are being remanded for further evaluation.

The Veteran's claim for service connection for tinnitus has been granted. The claims for bilateral hearing loss, PTSD, and increased evaluations for chondromalacia of the left and right knees are remanded.

The Veteran's hearing acuity has been manifested by no worse than a Level I in the right ear and a Level I in the left ear, which as outlined above equates to a noncompensable rating for his bilateral hearing loss. The Board denied an initial compensable rating for bilateral hearing loss.

The Board has denied the Veteran's claims for service connection for motor sensory conditions in both upper and lower extremities, finding no causal relationship to his active duty.,The Board also remanded the claim for hearing loss, as there is insufficient evidence regarding its etiology.

The Veteran's PTSD is granted with an initial rating of 70 percent. The ratings for bilateral hearing loss and tinnitus remain at 10 percent each, but the effective dates are set to December 5, 2016. Service connection for an abdominal disability is denied.

The Board has granted the Veteran's petitions to reopen claims for service connection for left ear hearing loss, right ear hearing loss, tinnitus, and low back disability. Effective dates have been established for these determinations.

The Veteran's service-connected disabilities are deemed to have rendered him unemployable since November 2008, and the Board has referred the issue of TDIU prior to May 9, 2014, on an extraschedular basis for further consideration.

The Veteran's TDIU claim is granted effective November 4, 2016, due to the combined effect of his service-connected disabilities preventing him from obtaining and maintaining a substantially gainful occupation.

The Veteran's PTSD, bilateral hearing loss, and tinnitus are being remanded for further evaluation as the current ratings do not reflect their full severity.

The Veteran's initial claim for a compensable rating for bilateral hearing loss prior to January 1, 2018 was denied. A 20 percent rating is granted effective January 1, 2018.

The Board has remanded several issues related to the Veteran's service connection claims, including those for generalized anxiety disorder, hemorrhoids, residuals of a head injury, migraines, right wrist disability, left wrist disability, left hand disability, PTSD, sleep apnea, jaw disability, and chest pain. The remaining issues have been dismissed.

Service connection is granted for bilateral hearing loss and tinnitus.,New and material evidence has been received to reopen the claims for service connection for right great toe injury and left Achilles tendonitis.

The Veteran's claim for service connection for hypertension was denied in July 2004, and new and material evidence has not been received to reopen the claim. The effective date of service connection for thoracolumbar spine disability, cervical spine disability, right shoulder disability, and left lower extremity radiculopathy is set at July 21, 2011.,The Veteran's claims for increased ratings for psoriasis, GERD, chronic sinusitis, allergic rhinitis, and right knee disability are denied. The effective date of service connection for presbyopia with hypermetropia, astigmatism, and pinguecula is set at July 21, 2011.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and active service.

The Board denied a request for an earlier effective date for the award of a 10 percent rating for bilateral hearing loss, finding that there was no ascertainable increase in severity within one year prior to May 29, 2018.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation from July 17, 2019.

The Veteran's appeal is remanded to correct a duty to assist error that occurred prior to the March 2020 rating decision on appeal. The AOJ obtained an August 2018 examination report, but the Veteran reported worsening hearing since then. A new examination is needed to assess the current severity of his service-connected bilateral hearing loss.

The Veteran's service connection claim for right ear hearing loss is denied as his current condition does not meet the criteria for a compensable disability under VA regulations.,For lumbar strain with DDD, a rating in excess of 10 percent prior to September 27, 2022, and in excess of 30 percent thereafter is denied. The Veteran's claim is based on direct service connection.

The Veteran's service-connected disabilities do not render him unable to secure and maintain a substantially gainful occupation.