Hearing loss decisions — 2023

The Veteran's claims for service connection have been remanded due to duty-to-assist errors. The issues of prostate, erectile dysfunction, GERD, GI ulcer, and sleep condition are related to the Veteran's in-service stressors or symptoms.,The Veteran's bilateral hearing loss is currently rated as noncompensable.

The Veteran was granted service connection for sarcoma soft-tissue-malignant giant cell tumor/tendon sheath, melanoma, right foot, and constrictive bronchiolitis due to exposure to burn pits during his deployment in Iraq. Service connection is denied for right ear hearing loss.,Service connection has been established for the Veteran's sarcoma soft-tissue-malignant giant cell tumor/tendon sheath, melanoma, right foot, and constrictive bronchiolitis based on presumptive exposure to burn pits under the PACT Act.

The Veteran's TDIU and DEA claims are remanded due to the need for a referral to the VA Director of Compensation and Pension for consideration.

The Veteran's TDIU claim was denied as his service-connected disabilities did not prevent him from securing and following substantially gainful employment.,The Veteran's diabetes mellitus, type II claim was also denied because the evidence did not show that it required regulation of activities (avoidance of strenuous occupational and recreational activities).

The Veteran's right ear hearing loss has been granted a noncompensable disability rating.,Service connection for left ear hearing loss and hypertension have both been granted.

The Veteran's tinnitus and bilateral hearing loss are granted as service-connected.,However, the claim for a neurocognitive disability, including TBI, is remanded due to pre-decisional duty to assist errors.

The Veteran's tinnitus is granted service connection as it was incurred during active service. However, the Veteran's bilateral hearing loss is denied as there is no evidence of a current disability within one year of separation from service and noise exposure does not meet VA criteria for a hearing loss disability.

The Veteran's service-connected disabilities, including PTSD, depression, anxiety, tinnitus, and bilateral hearing loss, rendered him unable to secure or maintain substantially gainful employment. The Board granted TDIU based on the combined rating of his service-connected conditions.

The Veteran's claim for ischemic cardiomyopathy was reopened and granted based on evidence showing a current disability, in-service injury, and a nexus between the two.,Service connection for bilateral sensorineural hearing loss was denied as there is no evidence of current hearing loss meeting VA criteria.

The Board denied the Veteran's claims for service connection due to a final rating decision in August 2013, finding that he did not serve in Vietnam and thus could not establish exposure to herbicides. The Veteran argued CUE based on his receipt of the Vietnam Service Medal (VSM), but the Board found no evidence supporting his claim as it was known at the time of the decision.

The Veteran's initial claims for tinnitus, bilateral hearing loss, and left shoulder disability have been denied.,No compensable ratings were assigned for any of the conditions.

The Veteran's appeal for higher ratings and service connection was denied. The initial rating for PTSD with alcohol use disorder remains at 70 percent, the rating for bilateral hearing loss is denied, and the initial rating for bilateral pes planus is denied. A separate 10 percent rating for left foot hallux valgus from February 10, 2020 was granted. The right foot scar's rating remains at 0 percent. Service connection requests for left ankle disability, right ankle disability, and low back disability were also not granted.

The Veteran's claim for service connection for tinnitus is granted, but his claim for service connection for bilateral hearing loss is denied.

The Veteran's claims for service connection for tinnitus, lumbar spine degenerative disc disease and degenerative arthritis, bilateral hearing loss, and a heart disability to include congestive heart failure have been granted. The rating assigned is 10 percent for hypertension on and prior to June 7, 2023.

The Board has determined that the Veteran's bilateral hearing loss is at least as likely as not related to his active duty service, and therefore grants entitlement to service connection for this condition.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied as his audiometric test results have not shown hearing loss at a level that meets the criteria for a compensable rating.

The Board dismissed the appeals regarding throat disability and right ankle disability. The appeal for service connection of right ear hearing loss was granted.

The Board has remanded the case due to an inadequate VA opinion regarding the etiology of the Veteran's right ear hearing loss disability. The RO is instructed to obtain a new VA opinion that addresses the Veteran's theory of delayed onset of hearing loss.

The Veteran's appeal for service connection for right ear hearing loss has been dismissed due to his withdrawal of the appeal.

The Board has decided to remand the case due to concerns about the accuracy of the July 2019 VA examination results for bilateral hearing loss. The Veteran needs a new VA examination to assess his current condition.