Hearing loss decisions — 2023

The Veteran's left ear hearing loss is granted service connection, but right ear hearing loss is denied. The Veteran's back and left hip disorders are remanded for additional examination and opinion. The Veteran's intestinal disorder is also remanded.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus is granted. The issue of service connection for a disorder claimed as asbestosis is dismissed due to the AOJ deferring adjudication.

The Board has granted service connection for tinnitus. The remaining issues of service connection for bilateral hearing loss, COPD, low back pain, and lower extremity neuropathy are remanded due to duty-to-assist errors.

The Board has granted service connection for bilateral hearing loss and denied service connection for right shoulder disorder, left shoulder disorder, and neck disorder. The decision is based on the Veteran's in-service noise exposure leading to presumed service connection for bilateral hearing loss.

The Veteran's TDIU claim is remanded due to the need for referral to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis prior to May 19, 2022.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was withdrawn. The Board granted service connection for tinnitus, finding that the Veteran's tinnitus is causally related to exposure to hazardous noise during active service.

The Veteran's claim for service connection for right ear hearing loss is denied as he does not have a current disability.,For lumbosacral strain, the rating higher than 20 percent is denied. The Veteran has symptoms of pain and limited range of motion but no ankylosis or incapacitating episodes.,PTSD was rated at 30% prior to January 20, 2023, and at 50% thereafter. The claim for a higher rating is denied as the evidence does not show occupational and social impairment with reduced reliability and productivity.,The Veteran's residuals of TBI have been compensated by separate ratings and do not warrant an additional rating.

The Board has determined that the Veteran's bilateral hearing loss disability is due to in-service noise exposure and continues thereafter, meeting the criteria for service connection.

The Veteran's claims for diabetes, throat cancer, diabetic peripheral neuropathy, seborrheic dermatitis, and bilateral hearing loss have been granted as they are presumed to be related to his service-connected conditions under the PACT Act.

The Board has determined that the Veteran's appeal for service connection for tinnitus and bilateral hearing loss should be remanded due to a procedural error in docketing the appeal under the Appeals Modernization Act (AMA). The issues will need to be readjudicated, and the Veteran must file a timely VA Form 9 or opt into the AMA framework.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional VA examinations.

The Veteran's claim for service connection for bilateral hearing loss was denied as the evidence did not support a nexus between his military service and his current disability.,For the appeal period from September 12, 2011 to July 10, 2012, the Veteran was found to be substantially gainfully employed full time, thus precluding him from receiving TDIU during this period.

The Veteran's claim for an initial compensable rating for bilateral hearing loss is being remanded due to outstanding medical records from the Guam Regional Medical Center.

The Veteran's claims for bilateral hearing loss and tinnitus have been granted. The claim for a respiratory disorder is remanded due to insufficient evidence.

The Veteran's representative requests an updated VA examination with audiological testing to reflect the current severity of his bilateral hearing loss disability. The Board finds this request is warranted and has decided to remand the case for further action.

The Board denied the Veteran's claims for service connection for right ear hearing loss and a compensable rating for left ear hearing loss due to lack of evidence showing current disability.

The Board has denied service connection for left perforated ear drum, remanded the issues of service connection for ear infections and bilateral hearing loss, and found that conjunctivitis is not related to service. The case is being returned to the AOJ for further development.

The Veteran's claim for a compensable rating for bilateral hearing loss disability is denied due to non-attendance at an examination. The Board has also remanded the issue of service connection for peripheral vestibular disorder (claimed as dizziness) secondary to service-connected bilateral hearing loss disability.

The Veteran's PFB is not rated higher than the initial noncompensable rating.,PTSD has been granted, with reasonable doubt resolved in favor of the Veteran.