Hearing loss decisions — 2023

The Board has remanded the issue of service connection for an acquired psychiatric disorder, including PTSD, MDD, and other specified anxiety disorders.,Service connection is denied for bilateral pes planus (flat foot), left ear hearing loss, and tinnitus.

The Board has determined that a remand is necessary for the Veteran to undergo VA examinations and obtain additional records in order to properly adjudicate his claims of service connection for right ear hearing loss, left ear hearing loss, right shoulder disorder, and bilateral knee disorder.

The Veteran withdrew his appeal for all issues related to the initial ratings and service connection claims. The Board dismissed the appeal due to the Veteran's withdrawal.

The Board has remanded the case due to issues with the audiometric test results and a need for an addendum VA opinion regarding the combined effect of the Veteran's service-connected disabilities on his ability to engage in full-time employment. The claim will be reconsidered after these actions are completed.

The Board has determined that additional development is necessary prior to the adjudication of the issues on appeal, including obtaining medical records and providing the Veteran with VA examinations for his bilateral hearing loss, tinnitus, left arm/shoulder conditions, and ankle conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional examinations.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and an acquired psychiatric disability (including PTSD and dysthymia) due to inadequate VA examination opinions regarding the etiology of these conditions. The AOJ is instructed to obtain records from federal agencies and provide notice on personal assault stressors.

For the increased rating period on appeal, a 20% disability rating for right knee degenerative joint disease has been granted.,For the initial rating period from May 15, 2009 to February 7, 2021, a 10% disability rating for right knee instability was denied.,For the initial rating period from February 7, 2021 onwards, a 20% disability rating for right knee instability has been granted.

The Board has decided that the Veteran does not have current left ear hearing loss for VA purposes and has granted service connection for tinnitus. The right ear hearing loss claim is remanded.

The Veteran has withdrawn his claims for service connection for bilateral hearing loss and tinnitus due to his refusal to communicate with the VA.

The Board has remanded the case due to inadequate rationale in a September 2020 VA audiological opinion regarding the etiology of the Veteran's bilateral hearing loss. The examiner did not adequately address the possibility of delayed onset noise-induced hearing loss and failed to discuss the significance of the Veteran's lay reports about continuous hearing loss since service separation.

The Veteran's bilateral hearing loss is currently rated at 10 percent, effective January 7, 2022. The Board found that the evidence did not warrant an increase in rating.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a diagnosed disability.,Service connection for neck disability is denied due to lack of in-service diagnosis and no chronic residuals from the April 2015 motor vehicle accident. The current symptoms are not considered disabling enough to warrant service connection.,The Veteran's claim for an increased rating for left shoulder disability is denied as there is no evidence of functional impairment affecting earning capacity.

The Veteran's hypertension is granted as due to herbicide agent exposure under the PACT Act. The issues of service connection for bilateral hearing loss and right eye stroke are remanded.

The Board has granted service connection for tinnitus but remanded the issue of service connection for bilateral hearing loss due to lack of a VA examination and insufficient medical evidence.

The Veteran's claim for service connection for right ear hearing loss has been reopened, and the case is remanded due to unclear nexus opinions. The Veteran's left ear hearing loss disability is also being remanded for an examination.

The Veteran's right ear hearing loss, left ear hearing loss, tinnitus, and upper torso scar have been granted service connection. The low back disorder, left knee disorder, and left foot/heel disorder are remanded for further examination.

The Veteran's bilateral hearing loss has been rated at 10 percent, which is the maximum rating available under VA regulations. The Board found that his hearing acuity did not warrant a higher rating based on the audiometric test results.

The Board has decided that further evaluation is needed to determine if the Veteran's left ear hearing loss is related to service, and thus remands the case for a VA audiological examination.

The Board has remanded the case for additional development to address secondary service connection claims and provide addendum opinions regarding the relationship between the Veteran's disabilities.