Hearing loss decisions — 2024

The claim for an initial increased disability rating in excess of 70 percent for PTSD is denied.,The claim for an initial increased disability rating in excess of 10 percent for hearing loss is denied.,The claim for an initial increased disability rating in excess of 10 percent for tinnitus is denied.,The claim for an initial compensable disability rating for allergic rhinitis is denied.,The claim for service connection for TBI is denied.,The claim for service connection for a bilateral foot disability, to include flat foot pain, is denied.,The claim for service connection for a right ankle lateral collateral ligament sprain is granted.,The claim for service connection for xerosis cutis is granted.

The Board has determined that the Veteran's bilateral hearing loss is caused by his service and grants the claim for service connection.

The Board granted service connection for various conditions, including lumbar spine disability and bilateral knee condition. The Veteran's obesity was not found to be a compensable disability. Service connection was denied for jaw condition, skin condition (claimed as athletes' foot), bilateral hearing loss, ED secondary to PTSD, TBI, migraine headaches, residual scar of the head/scalp, scar of the lower back, and right shoulder and right foot scars.

The Board has remanded the case for further evaluation due to insufficient evidence, particularly regarding the Veteran's respiratory disability and exposure history.

The Board denied service connection for bilateral hearing loss, tinnitus, an eye condition, major depressive disorder (MDD), and left knee patellofemoral pain syndrome. The evidence did not meet the criteria for establishing these conditions as incurred in or aggravated by service.

The Veteran's appeal centers on his request for an earlier effective date for the additional dependency compensation he receives for his spouse, children, and stepchildren. These benefits are available to all Veterans with qualifying dependents who are in possession of at least a 30 percent combined disability rating.,The Board denied the Veteran's claims as there was no good cause presented to extend the one-year requirement to submit the additional dependency compensation claim.

The Board has denied the Veteran's claims for service connection for a neck condition, pes planus of the right foot, and back condition. The appeal is remanded for further development regarding these issues.,The Veteran's claim for service connection for heart condition was also remanded due to duty-to-assist errors.

The Veteran's claim for bilateral hearing loss is denied as he does not have a disability as defined by VA.,The Veteran's claim for lower back disability is denied due to the lack of a current diagnosis.,The Veteran's claim for tinnitus is remanded and requires an addendum opinion from an appropriate clinician.

The Veteran's claim for an initial compensable rating for service-connected right ear hearing loss is remanded due to a duty-to-assist error. Clarification is needed regarding the results of October 2020, January 2021, and June 2021 audiology examinations.

The Veteran's bilateral hearing loss disability is productive of hearing acuity no worse than Level II in the right ear and Level II in the left ear, resulting in a noncompensable rating.,The Board has remanded the claims for service connection for breast cancer, bilateral mastectomy, RLS, and vertigo due to pre-decisional duty-to-assist errors.

The Board has granted the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that new evidence supports a link to in-service noise exposure. The conditions are considered direct service connections.

The Veteran's claims for bilateral hearing loss and right heel condition have been denied as there is no evidence of current disabilities. The Board finds that the Veteran does not meet the criteria for service connection in these cases.,For his extra-skeletal osteosarcoma, diabetes mellitus type II, obstructive sleep apnea, and insomnia claims, the Board has determined that VA examinations are needed to determine if there is a relationship between the conditions and the Veteran's active duty service.

The Board denied service connection for bilateral hearing loss as there is no current diagnosis related to hearing loss for VA purposes.

The Veteran's service-connected disabilities did not manifest the necessary conditions for SMC based on the need for regular aid and attendance, as he was able to perform daily activities without requiring assistance from another person.

The Veteran's claims for service connection of various conditions have been remanded due to the need for additional examinations and opinions. The Board found that a higher rating is warranted for bilateral hearing loss, but denied earlier effective dates for service connection of tinnitus and BHL.

The Board has denied service connection for bilateral hearing loss and remanded the issue of secondary service connection for obstructive sleep apnea as secondary to PTSD. The Veteran's current hearing loss disability is not related to his in-service noise exposure, while the examiner did not address whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's bilateral hearing loss, specifically whether it is related to his active service. The AOJ will need to obtain a medical opinion on this issue.

The Board has determined that the Veteran's bilateral hearing loss is related to military noise exposure and remands the case for further evaluation.

The Board has decided to remand the claims for bilateral hearing loss and tinnitus as there are issues with the VA examination reports, including inadequate notice of what is necessary to substantiate a claim based on service in the National Guard, and an incomplete or inaccurate factual premise. The examiner's opinion was also found to be inadequate.

The Board has remanded the case due to a duty-to-assist error in obtaining a VA medical opinion for bilateral hearing loss. The Veteran's claim of service connection for bilateral hearing loss is remanded.