Hearing loss decisions — 2024

The Board has remanded the claims for bilateral hearing loss, right knee disability, and left knee disability due to insufficient evidence in the record. The Appellant must be provided with new VA examinations to assess the nature and etiology of his disabilities.

The Veteran's appeal for service connection of bilateral hearing loss has been dismissed due to the death of the Veteran.

The Board has determined that the Veteran's service-connected disabilities, including PTSD with TBI and mild neurocognitive disorder, migraine headaches, sleep apnea, tinnitus, and bilateral hearing loss, have rendered him unable to secure or follow a substantially gainful occupation. As such, the appeal for Total Disability Rating Based on Individual Unemployability (TDIU) is granted.

The Board found clear and unmistakable evidence that the Appellant's left ear hearing loss and tinnitus did not begin during his active duty service, leading to denial of restoration of service connection.

The Veteran's claim for service connection for right ear hearing loss was denied because there is no current diagnosis of hearing loss. The Board found that the Veteran does not have a current disability and thus, service connection cannot be established. The lumbar spine disability issue is remanded due to a duty-to-assist error.

The Board has granted service connection for hearing loss in the left ear and denied it in the right ear. Service connection for obstructive sleep apnea is also granted.

The Veteran's right knee strain appeal is dismissed as the appellant requested withdrawal.,Service connection for pulmonary vascular disease (including pulmonary thromboembolism) is granted, with evidence suggesting it began during service.

The Board denied the Veteran's claim for service connection for bilateral hearing loss as there is no current diagnosis of this condition during the appeal period.

The Veteran's headaches are rated at 50 percent from February 21, 2019 to June 29, 2021.,The Veteran is granted a TDIU based on his service-connected disabilities.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability.,The Veteran's claim for service connection for tinnitus is denied as he does not report experiencing recurrent tinnitus and the VA examination did not diagnose him with tinnitus.,The Veteran's claim for service connection for a back condition is denied as there is no evidence of a current disability.

The Veteran's claims for left knee chondromalacia, bilateral hearing loss, acquired psychiatric disorder (PTSD and drug addiction), low back disorder, and arthritis of the entire body are being remanded due to insufficient evidence or procedural issues.

The Veteran's bilateral hearing loss and tinnitus are granted as service connection is established.,PTSD, insomnia secondary to PTSD, a bilateral hand condition, a lumbar spine condition, and a right hip condition are remanded for further development.

The Board has identified a pre-decisional duty to assist error and has remanded the claims for further action, including obtaining an addendum opinion from a VA examiner.

The Veteran's hearing loss was rated as zero percent, and the Board has remanded for further examination to determine if service connection is warranted for his left shoulder and low back disabilities. The issues of entitlement to increased ratings for bilateral hearing loss and service connection for left shoulder and low back disabilities are now pending.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) on an extraschedular basis due to his service-connected disabilities, finding that he is unable to secure and follow substantially gainful employment.

The Veteran's service-connected disabilities, in combination, rendered him unable to secure and follow a substantially gainful occupation as of August 10, 2019. As such, the Board has granted a TDIU effective from that date.

The Veteran's bilateral hearing loss is currently rated as noncompensable, with Level I hearing acuity in both ears. The Board finds that the current rating adequately compensates for his service-connected bilateral hearing loss.

The Board has decided to remand the case due to a pre-decisional error regarding the adequacy of the VA examination and opinion provided. The Veteran's bilateral hearing loss is being reviewed again with the expectation that a new, more comprehensive medical opinion will be obtained.

The Board has remanded the case due to an error in providing notice of the right to a pre-decisional hearing before the AOJ. The Veteran was not notified of this right prior to the AOJ's decision.

The Veteran's bilateral hearing loss is granted service connection. The ratings for his left and right knee scars, as well as the rating for his right knee disability, are denied prior to August 25, 2022. The claims for secondary service connection of obstructive sleep apnea, hypertension, an acquired psychiatric disability (adjustment disorder), and a gallbladder disability are remanded.