Hearing loss decisions — 2023

The Board denied service connection for a right arm/shoulder disability, prostate condition, and right ear hearing loss due to lack of evidence linking these conditions to service.

The Board has decided to remand the cases for further development and consideration due to errors in applying the standard of aggravation, lack of verification of a claimed stressor for PTSD, and issues related to bilateral hearing loss.

The Veteran's appeals for service connection for loss of vision, bilateral hearing loss, and hypertension have been dismissed. The Board has remanded the claims for service connection for a back disability, an acquired psychiatric disability (PTSD), diabetes mellitus, type II, and a gastrointestinal disability.

The Board has remanded the Veteran's claims for service connection and rating of his hearing loss conditions due to insufficient evidence in some cases, including a need for new VA examinations.

The Board denied a compensable evaluation for the Veteran's bilateral hearing loss, finding that the evidence did not support an exceptional pattern of hearing impairment or other factors warranting an extraschedular rating.

The Board has reopened the claim of service connection for bilateral hearing loss due to new and material evidence. The claims of service connection for asbestos-related respiratory disease are remanded for further development.

The Board denied the Veteran's claim for service connection for bilateral hearing loss disability, finding that there was no credible evidence of an in-service injury or disease to which his current hearing loss can be attributed.

The Veteran's bilateral hearing loss is rated at 40 percent since October 31, 2022. The Board also granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has remanded several issues for further development, including a VA examination to determine the nature and etiology of any current headache disorder. The claims of an initial compensable rating prior to October 27, 2010 and in excess of 40 percent thereafter for bilateral hearing loss; the issue of whether the Veteran's pension was correctly reduced on October 1, 2005; the issue of the validity of a debt assessed pursuant to reduction in the Veteran's pension; and entitlement to a waiver of the recovery of a debt resulting from an overpayment in the amount of $31,501.00 are all remanded.

The Board has remanded the case due to new evidence being associated with the claims file after the issuance of the June 2022 supplemental statement of the case, and it is unclear if this evidence is relevant or how it affects the rating for bilateral high frequency sensorineural hearing loss.

The Veteran's claim for a compensable rating for bilateral hearing loss on an extraschedular basis was denied due to his failure to report for VA examinations. The claim for TDIU on an extraschedular basis was also denied as the Veteran did not complete the necessary application and there is no indication he is unable to secure or follow a substantially gainful occupation.

The Board has determined that a remand is necessary to ensure the Veteran receives proper notice for VA examinations and participates in them. The appeal will be reconsidered after these actions.

The Board has determined that the Veteran's July 2017 VA Form 9 was timely filed, and therefore grants the appeal as to whether a substantive appeal was timely filed in response to the February 2016 statement of the case.

The Veteran's claim for an initial compensable rating for bilateral hearing loss is denied.,The Veteran's claims for a higher rating for tinnitus and service connection for left hand Dupuytren contracture as secondary to diabetes mellitus are remanded.

The Veteran's appeal for increased ratings and service connection was partially granted, with an initial rating in excess of 10 percent denied for insomnia disorder. Service connection for bilateral hearing loss was denied. The umbilical hernia claim is remanded for further evaluation.

The Veteran's appeals for service connection and initial ratings for various conditions have been dismissed due to his withdrawal of the appeals.

The Board denied service connection for tinnitus and bilateral hearing loss disability, finding that the Veteran's current conditions were not due to his in-service exposure to loud noises.,Service connection was also denied for a bilateral hearing loss disability. The examiner found no evidence of noise-induced hearing loss at the time of separation from service.

The Veteran's bilateral hearing loss has been rated as noncompensable, and the claim for a compensable rating is denied.,From August 14, 2018, the Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's petition to reopen the claim for service connection for hearing loss is granted. Service connection for left ear hearing loss is also granted, but the right ear hearing loss claim is remanded.

The Veteran's back disability is denied as there is no evidence of a chronic in-service condition and no credible continuity of symptomatology.,The Veteran's bilateral ankle disabilities are denied due to lack of current diagnosis and no credible continuity of symptomatology since service.,The Veteran's bilateral foot disabilities are denied because the Veteran did not have any diagnosed foot or ankle conditions during service, and there is no evidence of aggravation in-service.,The Veteran's skin disorder is denied as there is no current diagnosis and no credible continuity of symptomatology.,The Veteran's headaches are denied due to lack of a chronic in-service condition and no credible continuity of symptomatology.,The Veteran's bilateral hearing loss is denied as there is no current diagnosis and no credible continuity of symptomatology.,The Veteran's tinnitus is denied due to lack of a chronic in-service condition and no credible continuity of symptomatology.