Hearing loss decisions — 2023

The Veteran's claim for service connection for a sleep disorder is granted, as it is secondary to his service-connected tinnitus.,Service connection for bilateral hearing loss is granted based on evidence showing the Veteran experienced symptoms during service due to military noise exposure and these have persisted since then.,Service connection for an acquired psychiatric disorder (including depression, generalized anxiety disorder, and claustrophobia) is remanded as the Board finds it necessary to determine if these conditions are related to the Veteran's military service.

The Board has granted service connection for a lumbar spine disorder and denied an initial compensable evaluation for bilateral hearing loss. Service connection is granted based on evidence showing the Veteran's current lumbar spine disorder began during active duty, while his bilateral hearing loss does not meet the criteria for a compensable rating.

The Board has remanded the TDIU claim for referral to the VA Director of Compensation Service for consideration under 38 C.F.R. § 4.16(b) from September 3, 2015 due to evidence suggesting the service-connected disabilities may have rendered the Veteran unable to follow a substantially gainful occupation.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of his bilateral hearing loss, tinnitus, and low back disability.

The Board has denied service connection for bilateral hearing loss and remanded the issue of service connection for multiple sclerosis. The Veteran does not have a current disability of right or left ear hearing loss, as defined by VA regulatory criteria under 38 C.F.R. § 3.385. For multiple sclerosis, a VA examination is needed to determine if the condition began during service.

The Board has remanded several issues related to the Veteran's claims, including service connection for bilateral hearing loss, an initial rating for depression prior to July 10, 2018, residuals of a TBI, eye disorder (spots in eyes), and temporomandibular disorder. The Veteran is not shown to have a hearing loss disability for VA purposes, and the issues related to his psychiatric conditions and injuries are also remanded.

Service connection for broken left collarbone is denied as the pre-existing condition clearly and unmistakably existed prior to service and was not aggravated by service.,Initial disability rating of 10 percent for bilateral hearing loss from October 15, 2015 to August 17, 2021 is denied due to no evidence showing a higher rating is warranted during this period.,Initial disability rating of 40 percent for bilateral hearing loss from August 17, 2021 to November 10, 2021 is denied as the evidence does not show a higher rating is warranted during this period.,Initial disability rating of 80 percent or higher for bilateral hearing loss from November 10, 2021 forward is denied due to no evidence showing a higher rating is warranted during this period.

The Veteran is granted an earlier effective date of October 1, 2014 for the award of a total disability rating based on individual unemployability (TDIU) due to her service-connected mental health disability.

The Board has remanded the case for further development to address whether the Veteran's vertigo is secondary to his service-connected bilateral hearing loss, tinnitus, and idiopathic cardiomyopathy with coronary artery disease and/or atrial fibrillation. The AOJ must obtain addendum medical opinions addressing these issues.

The Board denied service connection for bilateral hearing loss, tuberculosis, high blood pressure associated with tuberculosis, left inguinal hernia associated with tuberculosis, and right inguinal hernia associated with tuberculosis. The reasons given were that the Veteran did not have a current diagnosis of these conditions or they did not manifest within one year after discharge from service.

The Veteran's left hip condition is granted an initial compensable rating of 10 percent effective May 6, 2013. The Veteran's left ear hearing loss remains noncompensable.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's bilateral hearing loss. The case will be returned for further examination and opinion.

The Veteran's claim for an effective date prior to February 11, 2014, for the increased 10 percent rating for left Achilles tendon is denied.,The previously denied claim for service connection for right ear hearing loss has been reopened due to new and material evidence.

The Veteran's service connection claim for bilateral hearing loss is denied as there is no evidence of in-service noise exposure or a current disability related to service.,The Veteran's service connection claim for migraine headaches is remanded due to inadequate reasoning and lack of consideration of lay statements regarding increase in severity and continuity.,The Veteran's claims for increased ratings for post-hydrocelectomy hydrocele, lumbar spine disabilities from May 29, 2018 and January 29, 2020 are remanded due to inadequate reasoning and failure to consider evidence of worsening since the last examination.,The Veteran's service connection claim for migraine headaches is denied as there is no evidence of in-service noise exposure or a current disability related to service.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current hearing loss is related to his in-service noise exposure and his service-connected tinnitus.

The Veteran's appeals for pseudofolliculitis barbae, right pelvic bone disorder, and neck disorder have been dismissed.,The Veteran's claim for service connection for a bilateral hand disorder has been reopened due to new evidence submitted since the August 2014 rating decision.

The Board has remanded the issues of service connection for left ear hearing loss and increased rating for right ear hearing loss due to unresolved development needs. The Veteran's current bilateral hearing loss is not related to his military service.

The Board has determined that the Veteran is not entitled to a TDIU before January 03, 2018 due to his service-connected disabilities. However, beginning December 01, 2019, the Veteran's TDIU claim was granted on an extraschedular basis.

The Board has dismissed all service connection claims due to the death of the appellant.

The Veteran's claim for a compensable rating for his service-connected left ear hearing loss is remanded due to the need for updated VA treatment records and clarification of the May 2019 speech recognition test.