Hearing loss decisions — 2024

The Veteran's left ear hearing loss is granted as it is related to active service.,The Veteran's right ear hearing loss, which was preexisting but aggravated by service, is also granted.,The Veteran's tinnitus is granted as it is related to his active service.

The Veteran's claims for compensable evaluations for various foot conditions and hypertension are being remanded due to duty-to-assist errors. The issues include bilateral hearing loss, right and left foot degenerative arthritis, right and left hallux rigidus, and hypertension.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service. The decision resolves any reasonable doubt in favor of the Veteran.

The Board has determined that additional evidence is needed to determine if the Veteran's hearing loss, impingement syndrome with adhesive capsulitis and rotator cuff tear/retracted in both shoulders, and cervical herniated disc displacement are related to service. The claims for these conditions are being remanded.

The Board has remanded the Veteran's claims for tinnitus and bilateral hearing loss due to potential errors in obtaining medical records and providing adequate VA examinations. The AOJ is instructed to obtain any missing private medical records and schedule the Veteran for a VA examination to determine if his conditions are related to service.

The Veteran's appeals for a decrease in the rating for hearing loss and discontinuance of Dependents' Educational Assistance (DEA) benefits, as well as his appeal regarding service connection for asthma and an increased rating for right foot fracture, have been dismissed due to lack of jurisdiction. The proposed reductions were not yet finalized at the time of the Veteran's appeals.

The Veteran's left ear hearing loss and residuals are currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 6100. The evidence does not support a higher rating.,The Veteran's vertigo has been rated as 10 percent disabling based on occasional dizziness. There is no persuasive evidence to warrant an increased rating.

The Board has determined that there are pre-decisional duty-to-assist errors in the claims for service connection for bilateral hearing loss and tinnitus, and therefore, remands these issues to obtain new VA examinations.

The Board denied the Veteran's claim for service connection for hearing loss as there is no evidence of a current disability meeting VA criteria.

The Veteran's appeals for service connection for bilateral hearing loss and tinnitus have been dismissed due to the Veteran's death.

The Veteran's chronic right ankle sprain is rated at 10 percent since June 5, 2020, and denied for an evaluation in excess of this level.,The Veteran's bilateral hearing loss disability has been rated as noncompensable since September 2021.

The Veteran's bilateral hearing loss was evaluated as level I in both ears, resulting in a noncompensable disability rating. The Board found that the evidence did not support a compensable disability rating based on the audiometric findings.

The Board granted a rating of 20 percent for the left foot disability but denied service connection for several other conditions, including sinus and liver disabilities.

The Veteran's claims for specially adapted housing and special home adaptation grant are being remanded due to a duty to assist error. The AOJ should secure an addendum opinion addressing the Veteran's total service-connected disabilities, including loss of use of extremities.

The Board found that the Veteran's hearing loss disability was not incurred in or caused by service, and therefore denied the claim.

The Veteran's claims for service connection for bilateral hearing loss and left carpal tunnel syndrome were denied. The Veteran was also denied increased ratings for PTSD, right carpal tunnel syndrome, tinnitus, and a scar due to carpal tunnel syndrome. The appeal is remanded for entitlement to service connection for a right ankle lateral collateral ligament sprain.

The Veteran's tinnitus and bilateral hearing loss have been granted service connection, with a 10% disability rating. The appellant is awarded nonservice-connected burial benefits.

The Board has decided to remand the case due to inadequate VA medical opinions and requires a new VA medical opinion regarding the Veteran's hearing loss claim.

The Board has decided to remand the case due to an inadequate medical opinion regarding the etiology of the Veteran's bilateral hearing loss. The examiner did not address the threshold shifts in the Veteran's audiometric findings from enlistment and separation, which could affect the determination of service connection.

The Board has dismissed the appeals because the appellant died while the case was pending.