Hearing loss decisions — 2024

The Veteran's left ear hearing loss is not shown to have been manifested by auditory acuity worse than level I, resulting in a noncompensable rating.

The Board has remanded the claims for bilateral hearing loss and tinnitus due to insufficient medical opinions in the September 2021 VA examination. The AOJ is instructed to obtain new VA medical opinions addressing whether it is at least as likely as not that the Veteran's hearing loss and tinnitus are related to his active service, including in-service noise exposure.

The Veteran's claims for increased ratings for diabetes mellitus and bilateral hearing loss were denied. The Board found that the Veteran failed to report for VA examinations, which was a necessary step in evaluating his disability.,For TDIU, the Veteran met the criteria as of June 23, 2021, due to service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's bilateral hearing loss has been manifested by a numeric designation of Level V in the right ear and Level III in the left ear, resulting in a 10 percent disability rating under Diagnostic Code 6100. The Board finds that a higher rating is not warranted as there is no exceptional pattern of hearing impairment.

The Veteran's service-connected disabilities, including PTSD, prostate cancer, and bilateral hearing loss, were sufficiently incapacitating as to prevent him from obtaining or maintaining substantially gainful employment for the period prior to May 10, 2020. The Board granted TDIU on an extraschedular basis.

The Board has remanded the Veteran's claim for service connection for allergic rhinitis due to contradictory findings in the VA examination report.,The October 2021 VA examiner stated that there was not enough evidence to render a diagnosis, but also marked that the Veteran suffers from rhinitis.

The Board has remanded the service connection claims for left ear hearing loss and COPD due to a lack of an adequate VA examination. The Veteran's right ear hearing loss claim is denied as his hearing loss does not meet the criteria for a disability for VA compensation purposes.

The Veteran's appeal for service connection for PTSD is dismissed due to the grant of service-connection for an acquired psychiatric disorder. Service connection was denied for bilateral hearing loss, left knee condition, right knee condition, and low back condition. The appeals for migraine headaches and post-concussion syndrome are remanded.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board has denied a compensable rating for this condition.

The Board has denied service connection for a left elbow disability and bilateral hearing loss. The claims of entitlement to service connection for bilateral feet condition, respiratory condition, migraines, and right wrist condition are being remanded for further development.,No specific exposure basis or service connection theory was provided in the decision.

The Veteran is entitled to special monthly compensation (SMC) based on the need for aid and attendance of another person due to his service-connected disabilities.,However, the Veteran does not meet the criteria for SMC by reason of being housebound as he does not have a single disability rated 100% disabling with other service-connected independently ratable at 60%, or be permanently housebound by reason of service-connected disability or disabilities.

The Veteran's claims for service connection for testicular pain, low back disability, left knee disability, right knee disability, left hand tremors, right hand tremors, vision disability, and bilateral hearing loss have all been denied. The evidence does not support a finding that any of these conditions began during or are otherwise related to the Veteran's active service.,The Board found no in-service event, injury, or disease to which the Veteran's claimed low back disability, left knee disability, right knee disability, left hand tremors, right hand tremors, vision disabilities (diabetic retinopathy and cataracts), or bilateral hearing loss may be related. The Veteran's current diagnoses of these conditions are not considered service-connected.

The Veteran's bilateral hearing loss disability is rated as noncompensable (0 percent), with the highest level of impairment being Level II in both ears.

The Veteran's right ear hearing loss is currently rated as noncompensable, and the Board has remanded for further action on his TDIU claim.

The Veteran's appeal for a rating in excess of 20 percent for bilateral hearing loss is dismissed due to the legacy appeal system.,The Veteran's claim for a rating in excess of 10 percent for tinnitus remains pending, as it was not addressed by the November 2023 and May 2024 decisions. The maximum schedular rating has been reached.

The Veteran's service-connected disabilities, including major depressive disorder, bilateral hearing loss, tinnitus, and obstructive sleep apnea, render him unable to secure or follow a substantially gainful occupation. As such, the Board has granted TDIU effective from April 5, 2019.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions did not prevent her from securing and following substantially gainful employment.

The appeal for service connection for bladder cancer is dismissed. Service connection for a heart disability, to include ischemic heart disease and hypertensive heart disease, is denied. Entitlement to service connection for bilateral hearing loss disability and tinnitus is remanded.

The Veteran has withdrawn his appeals for the claims of right shin splint, left shin splint, mood disorder, sciatic radiculopathy (right lower extremity), lumbosacral strain, irritable bowel syndrome with gastroesophageal reflux disease and esophagitis, allergic rhinitis, sciatic radiculopathy (left lower extremity), and bilateral hearing loss.

The Veteran's left ear high frequency sensorineural hearing loss was rated as Level III, which corresponds to a noncompensable rating. The Board denied the claim for a compensable rating.