Hearing loss decisions — 2023

The Veteran's appeals for service connection on multiple conditions have been dismissed as she has withdrawn her appeal.

The appeal for bilateral hearing loss is dismissed. The issue of hypertension, related to service-connected conditions, is remanded.

The application to reopen the claims for cervical spine disability, bilateral foot disability (to include pes planus), bilateral hearing loss, IBS, and lumbar spine disability is granted.,The applications to reopen the claims for cervical spine disability, bilateral foot disability (to include pes planus), bilateral hearing loss, IBS, and lumbar spine disability are remanded.

The Board has granted service connection for left ear hearing loss, finding that the Veteran's pre-existing hearing loss was aggravated by service. The Veteran reported and experienced worsening of his hearing in service.,The Board has also granted service connection for right ear hearing loss, concluding that there is no evidence to support a link between the Veteran's current hearing loss and service.

The Board has denied the Veteran's claims for service connection for bilateral shoulder disability and bilateral hearing loss due to lack of current diagnosed disabilities, as well as failure to report for a required VA examination.

The Veteran's claims for various conditions, including xerosis cutis, gastroesophageal reflux disease (GERD), intestinal parasite, bilateral upper extremity peripheral neuropathy, bilateral carpal tunnel syndrome, bilateral hearing loss, and bilateral elbow lateral epicondylitis are being remanded due to the submission of new evidence. The AOJ must consider this new evidence in their readjudication process.

The Veteran's chest scar as a residual of a stab wound, right ear hearing loss disability, back disability, bilateral hip replacements, and supraventricular arrhythmia, AICD, and valvular heart disease with mitral and tricuspid regurgitation are all granted. The claims for service connection have been remanded due to insufficient evidence.

The Veteran's tinnitus is granted as incurred in service. The Veteran's bilateral hearing loss disability is remanded for further evaluation.

The Veteran's service connection claims for various conditions, including obstructive sleep apnea, bilateral hearing loss, left and right foot conditions, right leg condition, hypertension secondary to OSA, and a tooth disorder are being remanded due to the need for additional development.

The Board has found that the appellant's hearing loss disability is not more severe for compensation purposes during the period on appeal than demonstrated on the audiological evaluations discussed above.,VA has failed to obtain the appellant's service treatment records and has determined that further attempts to obtain them would be futile.

The Veteran's PTSD with secondary alcohol use disorder is rated as 50 percent disabling from August 3, 2015. The appeal for a higher rating has been denied.,The Veteran's left ear hearing loss and right ankle sprain are both rated as non-compensable (0%) from August 3, 2015. The appeals for increased ratings have been denied.,Service connection for right ear hearing loss and right hand disability is denied.

The Veteran's claim for service connection for a right 4th rib disability has been dismissed as the Veteran withdrew his claim during a Board hearing.,Service connection for a hearing loss disability is denied because there is no current evidence of VA compensable hearing loss and no medical opinion linking any current hearing deficit to military service.,The Veteran's acquired psychiatric disability, specifically Major Depressive Disorder (MDD), has been remanded as the July 2017 VA examination did not consider his treatment at Clearlake Community-Based Outpatient Clinic for an acquired psychiatric diagnosis.

The Veteran's bilateral hearing loss was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The Board finds that the current disability is not related to service.,The Veteran has a current left shoulder disability, but the VA examiner opined that it is most probably due to age-related degenerative joint disease (DJD). Remand necessary for further examination and opinion.,The Veteran's right shoulder disability is inextricably intertwined with his left shoulder disability. Remand necessary for further examination and opinion on this issue.,The Veteran has a current headache condition, but did not report currently having them during the VA examination. Remand necessary for further examination and opinion.,The Veteran served at Camp Lejeune with presumed exposure to contaminated water. Service connection may be established on a direct basis if related to exposure. Remand necessary for VA examinations and opinions.,The Veteran has a current diabetes condition, but did not report currently having it during the VA examination. Remand necessary for further examination and opinion.

The Board has decided to remand the cases of bilateral hearing loss and tinnitus due to insufficient evidence regarding their relationship to service. The Veteran's claims will be reviewed again with a new examination.

The Veteran's initial claim for an initial compensable disability rating for bilateral hearing loss is denied as his hearing acuity has not been shown to be higher than Level II in the right ear and Level I in the left ear.

The Veteran's bilateral hearing loss is granted as service connected, with the Board finding that it had its onset in service.

The Board has found that another remand is required for VA to fulfill its duty to the Veteran regarding his claims of service connection for sinusitis and bilateral hearing loss. The previous examinations are outdated, and new assessments are needed due to changes in the nature of these conditions since the last examinations.

The Veteran's bilateral hearing loss disability is currently rated at 50 percent effective July 27, 2021. The Board has remanded the issue of entitlement to an increased rating for left knee disability.,The Veteran seeks an earlier effective date for a 20% rating for his bilateral hearing loss disability. The AOJ found that no increase in disability was factually ascertainable prior to May 10, 2016.,The Veteran's left knee disability is currently rated at 60 percent and the Board has remanded this issue.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's bilateral hearing loss, specifically in-service noise exposure and earaches.

The Board has found that the AOJ did not substantially comply with prior remand directives and has therefore ordered a new addendum opinion to determine if the Veteran's bilateral hearing loss is related to service.