Hearing loss decisions — 2023

The Veteran's claims for service connection for a sleep disorder and bilateral hearing loss were denied due to lack of new and material evidence.,The claim for service connection for left eye disorder was reopened, but not granted as there is no current diagnosis of the condition.

The Veteran's service connection claims for tinnitus, hearing loss, diabetes secondary to major depressive disorder, migraines secondary to major depressive disorder, sleep apnea secondary to major depressive disorder, and memory loss are all granted. However, the effective dates prior to February 6, 2018, for these awards have not been established.

The Board has denied the appellant's claims for service connection for bilateral hearing loss, tinnitus, right knee osteoarthritis (associated with left knee impairment), and rheumatoid arthritis. The appeal is remanded to obtain updated evidence regarding the severity of these conditions.

The Veteran's PTSD, which is rated at 70 percent since March 11, 2014, has been granted. The effective date for this rating is March 11, 2014.

The Veteran's appeal for service connection for a hearing loss disability was dismissed due to a procedural defect in how the appeal was filed and docketed under the Appeals Modernization Act (AMA).

The Board has determined that the Veteran's bilateral hearing loss is related to his active service, and thus grants service connection for this condition.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not meet the criteria for a current disability.,Service connection has been granted for tinnitus, with the presumption of service connection due to its chronic nature and continuity of symptoms since service.

The Board has decided to remand the Veteran's claims of service connection for bilateral hearing loss and tinnitus due to errors in the VA examination provided.

The Veteran's appeal for a compensable evaluation for service-connected bilateral hearing loss is remanded due to incomplete records, specifically private treatment records from the VA Community Care program.

The Veteran's claims for service connection and increased ratings have been dismissed as the Veteran withdrew his appeals.

The Veteran's TDIU benefits are effective from June 30, 2020. The criteria for basic eligibility for Chapter 35 benefits are established from that date.

The Veteran's service-connected disabilities do not meet the eligibility criteria for specially adapted housing or special home adaptation grants due to a lack of permanent and total disability rating.

The Board has found that the evidence is at least in equipoise regarding whether the Veteran's bilateral hearing loss is related to service. The claims for sinusitis, ear condition (including vertigo and Meniere's disease), and acquired psychiatric disorder are remanded for additional development.

The Veteran's service-connected disabilities, including respiratory condition, bilateral hearing loss, and eye conditions, rendered him unable to secure or maintain substantially gainful employment from November 14, 2014 to April 25, 2021. From April 26, 2021, the Veteran's combined rating is at least 60 percent due to his respiratory condition and other service-connected disabilities, which makes TDIU moot.

The Veteran's appeal for a compensable disability rating for his service-connected bilateral hearing loss is dismissed because the Veteran withdrew his appeal prior to the Board making a decision.

The Veteran's claim for increased ratings for bilateral hearing loss has been denied. The VA determined that the evidence did not support a higher rating than what was already assigned (a noncompensable rating prior to April 19, 2023 and a 10 percent thereafter).

The Veteran's TDIU is denied as he did not meet the schedular requirements for a TDIU prior to January 1, 2021. The effective date of the award of SMC based on statutory housebound criteria is granted.,The Veteran does not have any service-connected conditions that qualify under the PACT Act, Agent Orange, Camp Lejeune, or radiation exposure.

The Board has denied service connection for bilateral hearing loss, right ankle disability, and right shoulder disability due to lack of evidence showing a direct link between these conditions and the Veteran's military service.

The Board has determined that additional development is needed and the claims are being remanded to the AOJ for further review of the evidence.

The Veteran's claim for service connection for bilateral hearing loss is denied.,Service connection for a rating in excess of 10 percent for degenerative arthritis of the lumbar spine prior to July 1, 2019 is denied. Effective August 9, 2023, separate compensable ratings are granted for radiculopathy of the left and right lower extremities.,The Veteran's claim for a rating in excess of 40 percent for degenerative arthritis of the lumbar spine after July 1, 2019 is denied.