Hearing loss decisions — 2023

The Veteran's claims for service connection and rating increases are being remanded due to the receipt of additional VA treatment records. The Board will review all evidence, including new records, and issue a Supplemental Statement of the Case (SSOC).

Service connection for a traumatic brain injury (TBI) is granted.,Effective October 18, 2013, the Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran's service-connected major depressive disorder is granted an increased rating to 100 percent effective April 3, 2017. The other claims are denied as new and material evidence has not been received.

The Veteran's appeal for residuals of a left finger injury is dismissed due to the appellant's withdrawal.,Service connection for bilateral hearing loss is denied as there is no current disability and the evidence does not support its onset during service or within one year after separation.,The Veteran's claim for an acquired psychiatric disability (claimed as PTSD) is remanded. The Board requires VA to attempt to corroborate in-service stressors and provide a medical examination to determine if the condition is related to service.,The Veteran's claim for residuals of traumatic brain injury (claimed as a head injury) is remanded. A medical examination is required to determine if his current symptoms are related to an in-service head injury.,The Veteran's claim for a bilateral eye disability is remanded. The VA must provide a medical examination to determine if the condition is related to service and/or aggravated by any service-connected disabilities.

The Veteran's hearing loss was rated as noncompensable prior to November 15, 2022. After that date, a 10 percent rating is granted for his bilateral hearing loss.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to February 6, 2018.

The Veteran's hypertension is granted based on the PACT Act, presumptive for exposure to herbicides.,Bilateral sensorineural hearing loss is granted as it is presumed due to in-service noise exposure.,Nummular dermatitis and diabetic dermopathy of the bilateral lower extremities are granted as they are presumed due to service-connected diabetes mellitus, type II.

The Veteran's left ear hearing loss disability is being remanded for a new VA examination to assess the current severity of his condition.

The Veteran's tinnitus is granted as service-connected. The cases for bilateral hearing loss, acquired psychiatric condition (including PTSD), and lumbar strain are remanded due to insufficient medical opinions.

The Board has remanded the issues of service connection for right ear hearing loss, hypertension, left knee degenerative arthritis, and right knee degenerative arthritis. The Veteran's claim for a TDIU prior to April 13, 2018 is dismissed as moot.

The Board has decided to remand the Veteran's claims for bilateral hearing loss and tinnitus due to insufficient evidence regarding their onset during service. The claims will be returned for further development.

The Veteran's bilateral hearing loss was found to be at worst Level I in each ear, resulting in a noncompensable rating.,The Veteran's lumbar spine disability is currently rated as 10 percent disabling. The Board has ordered a remand for further examination and consideration of whether the Veteran should receive a temporary 100 percent rating due to surgery and convalescence.

The Veteran's bilateral hearing loss and tension headaches have rendered him unemployable, warranting a 40% disability rating from May 6, 2019 onwards.

The Veteran's service-connected conditions do not render him unemployable, as his hearing loss and tinnitus cause difficulty with communication but he can still perform activities of daily living and improve with the use of hearing aids. Therefore, the Board denied entitlement to a TDIU on an extraschedular basis.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional VA examinations. The Board finds that the Veteran did not receive proper notification of his scheduled VA examinations, which were cancelled due to his absence.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation during the period of March 31, 2016 to November 13, 2016.

The Veteran's bilateral hearing loss was rated at 40 percent from December 28, 2013 to March 15, 2018.

The Veteran's bilateral hearing loss, recurrent tinnitus, and hypertension have been granted service connection. The Board found that the evidence was at least in equipoise as to whether these conditions are related to service.

The Board has denied service connection for bilateral hearing loss and remanded the remaining issues. The Veteran's claims for right and left arm/hand conditions, lumbar spine condition, left knee condition, right knee condition, sleep apnea, and anemia are now before the RO for further review.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current bilateral hearing loss disability is related to in-service hazardous noise exposure. The Veteran served with the 1st Armored Division and participated in combat activity.