Hearing loss decisions — 2023

The Veteran's claim for service connection for bilateral hearing loss was reopened due to new and material evidence. The Board found that the Veteran's statements regarding symptoms of hearing loss shortly after his separation from service were credible, and thus concluded that service connection should be granted.

The Board has remanded the cases for further development due to incomplete service records and the need for additional medical examinations. The Veteran's claims for bilateral hearing loss, OSA, anxiety and depression, left shoulder disability, and right shoulder disability are pending.

The Veteran's left ear hearing loss disability is granted as service connected, and the claim for a compensable rating for right ear hearing loss is remanded.

The Board denied the Veteran's claims for service connection for left ear hearing loss and TDIU due to lack of current disability meeting VA criteria, and because he was able to maintain employment during periods when his disabilities were rated at 100%.

The Veteran's claims for increased ratings for tinnitus and bilateral hearing loss are being remanded due to the need for a contemporaneous VA examination.

The Veteran's claim for SMC by reason of the need for regular aid and attendance was denied as his service-connected disabilities did not meet the criteria for this benefit.

The Veteran's service-connected disabilities, including degenerative arthritis of the cervical spine, left shoulder condition, right shoulder arthritis, degenerative arthritis of the lumbar spine, tinnitus, and bilateral hearing loss, preclude him from obtaining or retaining substantially gainful employment. The Board granted TDIU based on this finding.

The Board has granted service connection for tinnitus but has remanded the issue of hearing loss due to inadequate examination and missing personnel records.

The Board has remanded the Veteran's claims for bilateral plantar fasciitis, degenerative arthritis of lumbar spine and sacroiliac joints with lumbar spondylosis, and bilateral hearing loss due to incomplete development of the record. The issues have been returned to the AOJ for further action.

The Board denied service connection for hearing loss of the right ear, finding that it was not incurred or aggravated by service and is unrelated to service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he was not precluded from obtaining and maintaining substantially gainful employment.

The Board has decided to remand the case due to inadequacies in the VA examinations and the need for further development regarding the validity of the separation examination.

The Veteran's claims for service connection for tinnitus, bilateral hearing loss, and lumbar spine disability have been granted. The Board found new and material evidence to reopen the claims and established that these conditions were incurred in service.

The Board has determined that the VA examinations and opinions provided were inadequate to address the Veteran's lay statements regarding his symptomatology in service and post-service. Additionally, a new opinion is needed to determine if the Veteran's current hearing loss is related to active service. Finally, an opinion is needed to determine if the Veteran's headaches are caused or aggravated by his tinnitus.

The Board denied the Veteran's claims for service connection for right elbow condition, bilateral hearing loss, right ankle condition, and left ankle condition. The decision also noted that his claim for a compensable rating for his right elbow scar was denied.

The Veteran's right ear hearing loss is granted, and he is awarded a 50 percent disability rating for his bilateral hearing loss.

The Veteran's left ear hearing loss and acquired psychiatric disability (including PTSD, anxiety disorder, depressive disorder) are granted as service-connected.

The Board denied service connection for left ear hearing loss disability, right ankle disability, and dental disability. The Veteran's claims were based on exposure to loud noise during active service.

The Veteran's appeals for a compensable rating prior to August 16, 2022 for bilateral hearing loss and service connection for left shoulder disability, cervical strain, and neurological disability (including TBI and/or non-combat related concussion) have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's service-connected bilateral hearing loss is rated at 20 percent from May 31, 2022. The Board denied an increased rating for the entire appeal period as the audiometric test results did not demonstrate that the Veteran's hearing more closely approximated levels required for a higher rating.