Hearing loss decisions — 2023

The Veteran's claim for an earlier effective date for the right knee disability was dismissed as a matter of law due to the finality of the September 1989 rating decision.,The claims for bilateral hearing loss and tinnitus were denied without assigning an earlier effective date because no communication prior to October 6, 2017 can be interpreted as an informal petition to reopen or service connection claim.,The Veteran's claim for a higher rating for his right knee disability was denied.

The Veteran's appeal for a compensable evaluation of chronic allergic rhinitis has been withdrawn. An initial 30 percent evaluation is granted for recurrent headaches.,Entitlement to service connection for bilateral hearing loss is denied, and the Veteran's claim for seborrheic dermatitis (claimed as skin condition) and hemorrhoids are both remanded.

The Board has granted service connection for bilateral hearing loss disability, finding that the evidence is in equipoise regarding whether current hearing loss relates to service. The Veteran's lay statements and medical opinions support a link between his noise exposure during service and his current hearing loss.

The appeal for a rating in excess of 10 percent for tinnitus is dismissed.,Service connection for hypertension is granted, based on the PACT Act presumption of association with herbicide exposure. The effective date is August 10, 2022.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to errors in fulfilling its duty to assist. The claims are being remanded so that a new VA examiner can reassess the Veteran's claims, taking into consideration contradictory evidence submitted by the Veteran and his lay statements regarding onset and continuity of symptoms.

The Veteran died due to anoxic brain injury, and the Board has decided to remand the case for further investigation into whether his service-connected disabilities could have contributed to his death.

The Board has decided to remand the claims for bilateral hearing loss disability and tinnitus due to deficiencies in the VA examination, including lack of consideration of lay statements about symptom progression. The AOJ is instructed to obtain additional medical opinions addressing these concerns.

The Veteran's prostate cancer, left ear hearing loss, and polycystic kidney disease are not service-connected.,Compensation under 38 U.S.C. § 1151 for urinary incontinence (claimed as passing blood clots when urinating) is denied.

The Veteran's service connection claims for tinnitus, hearing loss, and sleep apnea are granted. The claims for hearing loss and sleep apnea are remanded.

The Board has determined that the Veteran's left ear hearing loss is related to service, and thus grants service connection for this condition.

The Veteran's PTSD has been granted a rating of 100% effective March 21, 2018. Service connection for bilateral hearing loss and tinnitus was denied. Service connection for erectile dysfunction and migraine headaches secondary to PTSD was granted.

The Veteran's bilateral hearing loss is granted as service-connected, effective from the date of receipt of his claim on January 11, 2018.,Service connection for tinnitus was denied due to lack of prior communication indicating intent to file a claim before January 11, 2018.

The Board has determined that the Veteran does not have current left ear hearing loss for VA purposes and therefore, service connection is denied.

The Board has denied the Veteran's claims for service connection for sleep apnea, bilateral hearing loss, and an acquired psychiatric disorder due to lack of new and material evidence. The claim for sleep apnea is related to a heart condition but no new evidence supports this relationship.

The Board has decided to remand the Veteran's claims for service connection due to new evidence and because of potential toxic exposure during active duty.

The Veteran's claim for service connection for a back disability was denied due to lack of new and material evidence. The application to reopen the claim is also denied.,The Veteran's claim for an evaluation in excess of 40 percent for residuals of a fractured jaw from January 17, 2018 remains denied as there are no dietary restrictions to all mechanically altered foods that warrant a higher rating.,Service connection for a flat foot disability was denied because the pre-existing condition did not worsen during service and the presumption of aggravation does not apply. The Veteran's claim for bilateral hearing loss is remanded due to conflicting medical evidence.

The Veteran's bilateral hearing loss has been rated as noncompensable, with the most recent examination showing Level II hearing loss in both ears. The Board found that a compensable rating is not warranted based on the current level of hearing impairment.

The Board has remanded the claim for service connection for bilateral hearing loss due to inadequate reasons or bases in the May 2022 decision, and because the Veteran submitted a medical journal article that was not considered by the VA examiner.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a medical nexus between his current hearing loss and his military service.

The Board has remanded the case due to insufficient information provided by a previous VA examination regarding terms used in the report. The Veteran's claim for service connection for bilateral hearing loss is now pending and will be reviewed again with this additional information.