Hearing loss decisions — 2023

The Board has determined that the Veteran's currently diagnosed bilateral hearing loss is causally linked to his in-service hazardous noise exposure, and thus service connection for this condition is granted.

The Veteran's service connection claims for bilateral hearing loss, left ear tympanic membrane scar, lumbar spine disorder, and cervical spine disorder are being remanded due to the need for additional medical opinions.

The Veteran's claim for service connection for bilateral hearing loss was denied in December 2017 and not readjudicated due to lack of new and relevant evidence.,New evidence received after the May 2019 rating decision has led to a grant of service connection for sleep apnea, but the issue remains pending as it is secondary to his service-connected right knee disability.

The Board has granted service connection for hearing loss and depressive disorder, finding that the Veteran's current conditions are related to his military service.

The Board has remanded several issues related to the Veteran's claims, including hearing loss and tinnitus due to a lack of VA examinations. The Veteran's service stressors have also been developed for review.

The Board has decided that the Veteran's service connection claim for bilateral hearing loss should be remanded due to a duty-to-assist error in obtaining VA medical opinions prior to the September 2022 rating decision.

The Board has denied service connection for PTSD and remanded the claims for dementia, head trauma without loss of consciousness, and bilateral hearing loss due to toxic exposure at Camp Lejeune. The Veteran is required to undergo further examinations to determine if these conditions are related to his service.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's symptoms were present within one year of discharge from service and there was a continuity of symptomatology without a clearly attributable intercurrent cause.

The Veteran's right ear hearing loss and tinnitus have been granted service connection. The Board has also remanded the issue of assigning an initial compensable rating for left ear hearing loss.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to a duty to assist error. The Board will seek an addendum VA opinion to address the etiology of his diagnosed bilateral hearing loss.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least evenly balanced as to whether these conditions are related to service. The Veteran's reports of in-service noise exposure have been considered, with a private medical opinion supporting a relationship to service.

The Veteran's service-connected disabilities, including PTSD, left and right foot disabilities, bilateral hearing loss, and tinnitus, rendered him unable to secure or follow a substantially gainful occupation throughout the period on appeal. The Board granted his TDIU claim.

The Board has remanded the claims for bilateral hearing loss and tinnitus as there were pre-decisional errors in obtaining an adequate VA examination. The appellant's representative requested additional evidence to support his claim, including a new medical opinion.

The Board found that the withholding of VA compensation benefits for 139 days of drill pay in FY 2016 was proper based on the Veteran's total compensation rate at the end of FY 2016.

The Board has decided to remand the claims of an increased rating for PFB, service connection for hearing loss, and service connection for a psychiatric disability due to pre-decisional duty-to-assist errors. The Veteran will need to undergo VA examinations to determine the nature and severity of his conditions.

The Board has determined that the Veteran's current bilateral hearing loss is not due to an in-service injury, incurrence, or disease. Therefore, it does not warrant granting service connection.

The Veteran's tinnitus is granted as service connection due to continuity of symptoms since service.,The Veteran's bilateral hearing loss is granted as service connection due to noise exposure during service.

The Veteran's TDIU claim was denied as he did not establish entitlement to a combined rating of at least 70% for his service-connected disabilities prior to February 26, 2020.,The DEA claim was also denied due to the denial of the TDIU claim and the effective date assigned for the TDIU.

The Veteran's claims of service connection for right and left ear hearing loss are being remanded due to inadequate medical opinions. The issues are inextricably intertwined, so the rating for left ear hearing loss must also be remanded.

The Veteran's claim for an effective date prior to June 30, 2022, for the grant of a TDIU on an extraschedular basis is being remanded due to a duty to assist error. The Board finds that there is a reasonable possibility that he was unemployable by reason of service-connected disabilities during this period.