Hearing loss decisions — 2023

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's bilateral hearing loss, specifically whether it is related to service exposure or not.

The Board has remanded the Veteran's claims for bilateral hearing loss, neck condition, upper extremity radiculopathy (RUE and LUE), back condition, lower extremity radiculopathy (RLE and LLE), right shoulder condition, left shoulder condition, right elbow condition, left elbow condition, right knee condition, left knee condition, right foot condition, and left foot condition.,The Board found that the Veteran's claims for these conditions are inextricably intertwined with his neck condition and other related claims.

The Veteran's claims for bilateral hearing loss, tinnitus, hypertension, and migraine headaches are denied as there is no evidence of a current disability or a link to service.,Service connection for bilateral shoulder condition, lower back condition, and right foot condition is also denied due to lack of evidence linking these conditions to service.

The Veteran's service-connected disabilities, combined, rendered him unable to secure and follow substantially gainful employment from June 17, 2019, to October 6, 2019. The appeal is remanded for additional development.

The Veteran's service connection for sleep apnea is granted, while his claims for bilateral hearing loss and right tibia strain are denied. The initial rating for post-laminectomy syndrome of the lumbar spine remains at 20 percent, and the initial ratings for PTSD and major depressive disorder remain at 70 percent.

The Board has decided to remand the Veteran's claim of service connection for hearing loss disability due to noise exposure in service. The Veteran was provided with a new VA examination and is requested to provide more detailed information about the CV of the June 2017 VA examiner.

The Veteran's bilateral hearing loss was not diagnosed for VA purposes and the Board found no evidence of a service-connected disability.,The Veteran's sleep disability (to include Sleep Apnea) was not separately diagnosed as a disability, but his symptoms were attributed to PTSD.

The Veteran's claim for a TDIU rating prior to January 19, 2022 is denied as his service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board has found that there was not substantial compliance with its prior remand directives and has ordered further development to ensure proper adjudication of the claim for service connection for bilateral hearing loss.

The Board has granted service connection for left ear hearing loss but has remanded the diabetes mellitus type II claim due to insufficient evidence regarding herbicide exposure.

The Board has decided that the Veteran's claim for a compensable rating for bilateral hearing loss should be remanded due to additional VA records being added into the case. The Veteran was not provided an opportunity to review these records before they were considered.

The Veteran's claims for bilateral hearing loss and tinnitus were denied as there is no evidence of current diagnoses.,The Veteran's claims for right shoulder disability, left shoulder disability, neuropathy/radiculopathy of the right lower extremity, and neuropathy/radiculopathy of the left lower extremity were also denied due to lack of competent medical evidence linking these conditions to service.

The Veteran's claim for service connection for bilateral hearing loss is denied. The claims for initial ratings for right ankle strain, left ankle tendonitis, and lumbosacral strain (IVDS) are granted with specific disability ratings. The claim for a compensable rating for the service-connected left ankle scar is denied. The claims for initial ratings for right and left lower extremity radiculopathy of the femoral nerves remain pending.

The Veteran's left ear hearing loss is rated as noncompensable, with a Level VIII in the left ear and a Level I in the right ear.,The Veteran's umbilical hernia disability is rated as noncompensable due to lack of need for a supporting belt or indication of severe diastasis.

The Veteran's claims for service connection and increased rating for his hypertension, bilateral ankle disorders, breathing problems, sleep condition, bilateral hearing loss, tinnitus, and acquired psychiatric conditions are being remanded due to the need for additional examinations and development of evidence.

The Veteran's claim for service connection for hypertension due to herbicide agent exposure is granted. The other issues are remanded and will be reconsidered based on the new evidence.

The Veteran's initial claim for a compensable rating for bilateral hearing loss was denied from February 6, 2013, to January 3, 2023.,A higher rating of more than 30 percent for bilateral hearing loss has also been denied since January 4, 2023.

The Board has denied the Veteran's claim for service connection for GERD, finding that there is no credible evidence of in-service GERD symptomatology and no competent medical opinion linking the condition to service.,The Board has remanded the claims for bilateral hearing loss and tinnitus due to potential intercurrent causes not related to service. The Veteran's noise exposure during service may be considered, but further examination and opinion are needed to determine if current hearing loss or tinnitus is related to service.

The Veteran's right ear hearing loss claim is denied as he does not have a diagnosed disability that meets VA criteria.,PTSD is granted with an initial rating of 70 percent, reflecting the severity and frequency of symptoms.

The Veteran's claim for service connection for left ear hearing loss was reopened, and the Board granted service connection for this condition. The rating assigned is 40 percent effective from June 17, 2017.