Hearing loss decisions — 2023

The Veteran's TBI is remanded due to a duty-to-assist error where the VA examiner did not address whether his bilateral hearing loss disability, tinnitus, sleep apnea, hypertension, unspecified neurocognitive disorder, cold intolerance and fatigue due to hyperthyroidism, Grave's disease, transient memory loss, nocturnal leg cramps, right upper extremity tingling and numbness, dizziness are related to his TBI. A retrospective opinion is needed.

The Veteran's claim for special monthly compensation at the housebound rate prior to July 19, 2021 was denied as he did not have a single service-connected disability rated at 100% or a TDIU due solely to a single disability and additional service-connected disability ratable at 60%, separate and distinct from the 100% service-connected disability.

The Board has found that the VA opinion regarding the cause of death is inadequate and requires further examination to determine if the Veteran's service-connected bilateral hearing loss contributed substantially or materially to his death.

The Board has granted a TDIU effective January 28, 2021, based on the Veteran's service-connected disabilities preventing him from obtaining and maintaining gainful employment.

The Veteran's low back disability, bilateral hearing loss, left hand disability (claimed as pain), and right wrist disability are all granted service connection. However, the Veteran's claims for bilateral hearing loss and left hand disability (claimed as pain) were denied due to lack of a current disability.

The Board has determined that new and relevant evidence has been submitted to reconsider the claims for service connection for bilateral hearing loss and tinnitus. The claims are being remanded due to an error in the previous VA opinion.

The Veteran's facial scars are denied as there is no evidence of a current disability.,Left ear hearing loss is not compensable, with the nonservice-connected right ear considered to be Level I.

The Board has granted service connection for a heart disability due to exposure to herbicide agents under the PACT Act. The Veteran's bilateral hearing loss and foot disabilities are not entitled to earlier effective dates, but his TDIU claim is remanded.

The Board has decided to remand the case due to inadequate examination and need for additional VA clinical records. The Veteran's hearing loss is being reviewed again to determine its etiology.

Service connection is granted for sinusitis as secondary to service-connected allergic rhinitis. Service connection is denied for right ear hearing loss and left ear hearing loss, with no compensable rating assigned. The claim for service connection of an acquired psychiatric disorder is remanded.

The Veteran's claim for service connection for headaches has been granted. However, the claims for bilateral hearing loss and increased ratings for PTSD, right shoulder disability, and left knee disability have been remanded due to insufficient evidence.

The Board has determined that the Veteran's bilateral hearing loss is not related to his service and denied his claim for service connection.

The Veteran's claims for increased ratings for Meniere's disease and tinnitus associated with the condition were remanded due to insufficient evidence. The Board found that prior to August 7, 2020, there was no evidence of attacks of vertigo or cerebellar gait warranting a higher rating under DC 6205. From August 7, 2020 onwards, the Veteran's tinnitus is already rated at its maximum under DC 6260.

The Board has remanded the claims for an increased rating for bilateral hearing loss and entitlement to a TDIU, as well as the SMC claim due to incomplete development of records.

The Board denied the Veteran's claims for service connection for right ear hearing loss, an initial rating in excess of 10 percent for HTN, and separate ratings for knee disabilities. The Board found that there was no current diagnosis of right ear hearing loss and that the Veteran's HTN did not warrant a higher than 10 percent rating. For his bilateral knee disabilities, the Board denied claims for an initial rating in excess of 10 percent as well as separate ratings for instability.

The Board has denied the Veteran's claim for service connection for a bilateral hearing loss disability, finding that there is no causal relationship between his current hearing loss and his military service.

The appeal for service connection for an acquired psychiatric disorder (other than PTSD) is dismissed. The claims of service connection for fibromyalgia, IBS, and a skin disorder of the bilateral feet are reopened. Service connection for irritable bowel syndrome (IBS), obesity, and diabetes mellitus are denied. An increased rating for PTSD is granted.

The Board has remanded the issues of service connection for prostate cancer and bladder cancer due to potential outstanding VA or private medical records, as well as a need for an opinion regarding whether these conditions are related to exposure at Camp Lejeune.

The Veteran's claims for service connection for memory loss disorder, migraines, and bilateral hearing loss have been denied as new and material evidence has not been received to reopen the claims. The claim for migraines is reopened but denied due to lack of a current disability for VA purposes.

The Board has remanded the cases for additional development due to the need to obtain audiometric reports and a VA examination.