Hearing loss decisions — 2023

The Veteran's bilateral hearing loss is rated at 20 percent, and no higher, for the entire period on appeal.

The Veteran's right ear hearing loss disability is denied as there is no evidence of a current disability for VA purposes.,For the period prior to September 7, 2021, the Veteran's left knee DJD with patellofemoral syndrome was rated at 10 percent. From March 1, 2022, the rating has been denied as there is no evidence of a higher disability.,The Veteran's left knee replacement from June 15, 2018 to September 7, 2021, received a separate 10 percent rating for instability. From March 1, 2022, the Veteran's left knee replacement has been denied as there is no evidence of higher disability.,The Veteran's PTSD was granted at a 70 percent rating from June 15, 2018 to September 7, 2021. The appeal for a higher rating remains pending.

The Veteran's petition to reopen his claim for service connection for bilateral hearing loss is granted. The Board finds that new and material evidence has been submitted since the prior final January 2016 rating decision, raising a reasonable possibility of substantiating the claim. However, the claims for service connection for left ankle disability, left shoulder disability (other than bicipital tendonitis), and athlete's foot are remanded due to outstanding VA treatment records and need for a VA Gulf War examination.

The Veteran's claim for total disability due to individual unemployability on an extraschedular basis is remanded as the Board finds that he does not meet the schedular requirements for TDIU under 38 C.F.R. § 4.16(a). The case is referred to VA's Director of Compensation Service for consideration of an extraschedular TDIU award.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that the evidence is in approximate balance as to whether these conditions are related to active-duty service.

The Board has remanded the case for a VA examination to determine if any current back disability is related to service, including the Veteran's reported in-service injury and symptoms. The claim for bilateral hearing loss and asbestosis remains denied.

The Veteran's claim for service connection for bilateral hearing loss was reopened and granted, while her claims for low back condition, IBS, and fibromyalgia remain denied.,An initial rating of 30 percent for irritable bowel syndrome (IBS) is denied.

The Board denied service connection for diabetes mellitus, hypertension, diabetic retinopathy, and various neuropathy disorders and hearing loss and tinnitus. The Board found that the Veteran did not have any in-service endocrine, cardiovascular, or vision injury, disease, or event, and that symptoms of diabetes, hypertension, and a vision disorder were not continuous after service separation or manifested to a compensable degree within one year of service separation.

The Board has remanded the claims for bilateral hearing loss, increased ratings for migraine headaches and tinnitus, and a TDIU due to new evidence received after the August 2020 Supplemental Statement of the Case.

The Board has granted the Veteran's claim for service connection for bilateral sensorineural hearing loss, finding that her current condition is related to her military duties as an air traffic controller. The decision also reopened her previously denied claim.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability that meets the VA definition of hearing loss.,The Board finds that additional development is necessary to determine whether the Veteran's right knee and hip conditions are secondary to his left ankle fracture, or if they were aggravated by such condition. The claims are therefore remanded for further action.,Similarly, the Board finds that additional development is necessary to determine whether the Veteran's left hip condition is secondary to his left ankle fracture, or if it was aggravated by such condition. The claims are therefore remanded for further action.,The Board also finds that additional development is necessary to determine whether the Veteran's IBS disability is due to Gulf War Illness. The claims are therefore remanded for further action.,The Veteran's claim for service connection for irritable bowel syndrome (IBS) is granted as it is at least as likely as not related to his military service, specifically his time in the Gulf War.

The Veteran's claims for service connection for bilateral tinnitus, bilateral hearing loss, and GERD have been dismissed as the AOJ has already granted these conditions in a prior decision.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's symptoms are due to in-service noise exposure. Service connection was denied for a skin disorder as there is no current diagnosis or evidence of an in-service event.

The Board has remanded the claims for bilateral hearing loss, right shoulder arthritis, left shoulder arthritis, sinus and/or allergy conditions (claimed as a sinus condition), and headache disorder due to inadequate medical opinions.,Further evaluations are needed to determine the nature and etiology of these conditions.

The Board has remanded the case due to inconsistencies in speech recognition test results from different VA examinations. The Veteran's hearing loss is rated under a direct service connection theory.

The Veteran's service connection claim for a bilateral hearing loss disability was denied, and his TDIU claim was also denied. The Board found that the Veteran did not have a current diagnosis of a bilateral hearing loss disability for VA compensation purposes and that he could secure and follow substantially gainful employment despite his service-connected disabilities.

The Veteran's claims for ischemic heart disease, residuals of malaria, right ear hearing loss, left ear hearing loss, tinnitus, and a chronic skin disorder have been denied. The case is REMANDED to obtain in-service hospital records and provide the Veteran with an examination.

The Veteran's claim for service connection for hearing loss of the left ear was denied, and his claim for liver condition is remanded due to inadequate medical opinion.

The Veteran's claims for GERD, cold injury residuals to bilateral hands, bilateral hearing loss, bilateral tinnitus, and residuals of fracture to the fourth right finger have been dismissed due to withdrawal by the Veteran.

The Veteran's initial evaluations for bilateral hearing loss prior to August 5, 2022, and on or after that date were denied as his disability did not warrant a higher evaluation.