Hearing loss decisions — 2023

The Veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability (TDIU) due to his other nonservice-connected disabilities and limitations. The Board finds that he is capable of securing and following substantially gainful employment.

The Veteran's claim for service connection for bilateral hearing loss was denied. The Board also remanded the issue of service connection for bilateral foot disabilities, including pes planus and plantar fasciitis.

The Board has found the VA examinations inadequate for adjudicative purposes regarding the claims of service connection for bilateral hearing loss, tinnitus, and a back disorder. The claims are remanded to obtain additional medical opinions clarifying the etiology of these conditions.

The Veteran's claim for an initial compensable rating for hearing loss, left ear is denied.,The Veteran's claims for service connection for back disorder and increased ratings for residual head scarring and painful scar are remanded.

The Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities from December 21, 2010, to July 13, 2015. The Board granted a TDIU on an extraschedular basis for this period.

The Veteran's appeals for increased ratings and earlier effective dates for various conditions have been withdrawn. The Board has also dismissed the claims of service connection for several conditions, including BHL, allergies to sulfur drugs and insect bites, ear infection, dacrycystitis, fracture of nasal bone, endometriosis, gastroenteritis, a dental disability, residuals of cysts removal, left foot and toes injury, bilateral hip condition, right arm pain, right elbow condition, cervical spine disability, chest pain, inflammation of the lungs, BLE numbness (numbness of legs, right side pain and numbness), and service connection for left knee. The Board has also reopened claims for service connection for bilateral tinnitus, chest pain, inflammation of the lungs, BLE numbness and right-sided pain, a cervical spine disability, right arm pain, right elbow pain, and a left knee disorder.

The Board has dismissed the claims of service connection for bilateral hearing loss and tinnitus due to the Veteran's death.

The Board has dismissed the appeal for an increased rating for bilateral hearing loss due to withdrawal. The earlier effective date claim for left ear hearing loss is denied as there was no evidence of a current disability at the time of the November 2013 denial, and VA did not have knowledge that the Veteran's hearing loss would progress to a compensable level. Service connection for right leg radiculopathy and left leg radiculopathy is remanded due to lack of an examination.

The Veteran's claims for service connection and increased ratings were denied. The Board found that there was no current skin disability, the bilateral hearing loss did not meet criteria for a higher rating, and tinnitus met the standard for a 10% rating. The right knee disability claim is remanded.

The Board denied earlier effective dates for service connection of right shoulder disability, right shoulder muscle injury, bilateral hearing loss, and tinnitus due to lack of prior claims within a year of discharge.,The Veteran's initial ratings for the right shoulder conditions (limitation of range of motion and muscle injury) were not increased.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for additional development, including obtaining Social Security Administration disability records and reviewing VA treatment records.

The Veteran's claim for a compensable rating for his bilateral hearing loss was denied as the VA examinations did not provide evidence of worsening in his hearing acuity, and it is less likely than not that the hearing loss is related to military noise exposure.

The Board has remanded the claims for lumbar spine disability, right ankle disability, and bilateral hearing loss due to incomplete service records. The Veteran's periods of active duty with the Michigan Army National Guard need to be verified.

The Board has granted service connection for sinusitis and left ankle disability, and has awarded a 60% rating for bilateral hearing loss. The claim for increased rating of bilateral hearing loss is granted.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since June 8, 2022.

The Board has decided to remand the case due to concerns about the severity of the Veteran's service-connected bilateral hearing loss, requiring an additional VA examination.

The Board denied service connection for a bilateral hearing loss disability, finding that the Veteran's current hearing loss is not related to his in-service noise exposure and that any such hearing loss did not manifest until after separation from active duty. The Board also found no evidence of secondary service connection due to tinnitus.