Hearing loss decisions — 2023

The Board has remanded the Veteran's claims for service connection due to new evidence submitted. The appeals for increased ratings have been withdrawn.

The Veteran's appeal includes requests for increased disability ratings and earlier effective dates for service connection. The Board has determined that these issues are inextricably intertwined with other claims, necessitating remand to address all matters.

The Board has remanded three issues: service connection for bilateral hearing loss, service connection for an acquired psychiatric disorder, and service connection for headaches (as secondary to the acquired psychiatric disorder). The claims are being remanded due to inadequate opinions in previous examinations.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that both conditions are related to the Veteran's military service.

The Veteran's claim for service connection for tinnitus is granted. The claims for increased ratings of bilateral pes planus, right shoulder disability, and right knee disability are remanded due to the need for new examinations. The claim for service connection for bilateral hearing loss is also remanded.

The Veteran's claims for increased ratings for left ear hearing loss, right-hand disability, left-hand disability, and left eye disability have been dismissed. The Board has also remanded the issues of service connection for obstructive sleep apnea (OSA), hypertension (HTN), a right shoulder disability, a left shoulder disability, and a right eye disability.

The Veteran's claim for service connection for memory loss is denied as there is no separate and distinct condition found prior to January 10, 2022. From that date onward, the evidence does not support a finding of direct service connection.,The Veteran's TDIU claim prior to January 18, 2012 was denied because his combined disability rating did not meet the schedular requirements for TDIU.

The Veteran's hearing loss was rated at 30 percent prior to December 2, 2022 and denied a higher rating.,For the period beginning December 2, 2022, the Veteran's hearing loss was rated at 40 percent and denied a higher rating.

The Veteran's appeal for service connection for bilateral hearing loss was dismissed. The claim for increased ratings for left and right hip disabilities is remanded. The claims for service connection for bilateral knee disabilities, obstructive sleep apnea (OSA), and seizure disorder are also remanded.

The Veteran's claim for service connection has been reopened, but the issues of entitlement to service connection for various disabilities have been remanded due to insufficient medical opinions addressing potential in-service causation.

The Board has granted service connection for hearing loss and hypertension, but the psychiatric disorder claim is remanded as it involves a complex medical issue.

The Veteran's bilateral hearing loss, hypertension, and diabetes mellitus are remanded for further development. The AOJ must verify the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). A VA examination is needed to determine if these conditions were incurred or aggravated by service, including ACDUTRA and INACDUTRA.

The Veteran's claims for service connection for gastroesophageal reflux disease (GERD) and hearing loss have been denied as there is no current disability meeting the VA criteria for a hearing loss or GERD, and the evidence does not support a direct link to service.

The Board has found that additional development is needed to clarify the type of speech recognition test used in a private audiogram from October 2017. The Veteran's hearing loss claim will be remanded for this purpose.

The Board has remanded the Veteran's claims for service connection and increased rating for various disabilities, including right and left knee disabilities, cardiovascular disability, left Achilles tendon disability, left foot bone spur, and bilateral hearing loss. The issues include determining whether these conditions are related to active service or other relevant factors.

The Veteran's TDIU claim prior to May 14, 2016 is denied as there was no factually ascertainable date within one year prior to the May 14, 2016, claim that indicated his service-connected disabilities prevented him from maintaining substantially gainful employment. The DIC benefits claim under 38 U.S.C. § 1318 is also denied because the Veteran did not meet the criteria for continuous total disability rating of at least five years prior to death.

The Veteran's appeals for hearing loss and tinnitus have been dismissed. The claim of new and material evidence for sleep apnea has been granted, and service connection is established as secondary to sinusitis and allergic rhinitis.

The Board has granted service connection for tinnitus but remanded the issue of service connection for bilateral hearing loss due to insufficient medical opinion and incomplete factual record.

The Board denied service connection for obstructive sleep apnea and right ear hearing loss disability, finding that the evidence did not support a link to service or secondary to PTSD.

The Veteran's bilateral hearing loss disability was rated at 10 percent effective October 27, 2022. The Board denied an increased rating for the period prior to that date.