Hearing loss Board decisions

The Board has decided to remand the cases for further development and examination. The Veteran's claims of service connection for a psychiatric disorder and hearing loss are being reviewed.

The Board has remanded the case due to incomplete development, including a lack of VA examination regarding the Veteran's ability to work prior to his incarceration in February 2013. The Veteran is service-connected for various disabilities and meets the schedular threshold for TDIU eligibility prior to February 2013. However, the Board found conflicting evidence on whether he could secure and maintain substantially gainful employment due to his service-connected conditions.

The Board has reopened the claims for service connection for bilateral hearing loss, hemorrhoids, and a bilateral knee disability due to new and material evidence. The claim for service connection for a bilateral knee disability is being remanded for additional development.

The Board has remanded several issues related to the Veteran's service connection claims, including PTSD, left ear hearing loss, foot conditions, cervical and lumbar spine conditions, sleep apnea, TBI, headaches, and seizures. The Veteran was not provided with a VA examination for his feet or headaches, and additional records are needed regarding an accident in Tennessee.

The Board has remanded the claims of service connection for obstructive sleep apnea and bilateral hearing loss due to a lack of VA examinations. The appellant was unable to attend the scheduled examinations on short notice, and good cause has been shown.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss disability, finding that there is no current diagnosis of right or left ear hearing loss for VA purposes.

The Board has remanded the case due to incomplete examination and lack of consideration of certain evidence, including testimony that hearing loss began shortly after separation from service.

The Board denied the Veteran's claims for service connection for TBI, hypertension, right ear hearing loss, Meniere's disease, tinnitus, migraines, and neurocardiogenic syncope. The AOJ implemented this decision in a June 2023 rating decision.

The Veteran's chronic sinusitis, bilateral tinnitus, and bilateral hearing loss are granted service connection. The claim for an acquired psychiatric condition is remanded due to insufficient evidence.

The Board has determined that there is a pre-decisional duty to assist error in not obtaining an opinion regarding whether the Veteran's tinnitus is related to service-connected PTSD. Therefore, the case is being remanded for this purpose.

The Veteran's service-connected bilateral hearing loss is not granted an initial compensable rating, but his lumbosacral strain is granted service connection.

The Board has granted service connection for tinnitus and remanded the cases of bilateral hearing loss and acquired psychiatric disorder as secondary to bilateral hearing loss.

The Board granted service connection for TBI and assigned a rating of 100% effective July 16, 2012. The Board also found that the Veteran's Meniere's disease, migraines, and neurocardiogenic syncope all stem from TBI and resulted in his inability to care for himself, granting SMC-T with an effective date of July 16, 2012.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current diagnosis of hearing loss that meets VA criteria.

The Veteran's service-connected disabilities, including diabetic peripheral neuropathy, hearing loss, and tinnitus, have rendered him unable to secure and maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for increased ratings for tinnitus, bilateral hearing loss, and PTSD have been denied. The Veteran is currently receiving a 10 percent rating for his tinnitus, a noncompensable rating for his bilateral hearing loss, and a 70 percent rating for his PTSD as of November 22, 2019.

The Veteran's service-connected bilateral hearing loss has not manifested at a level severe enough to warrant a disability rating in excess of 40 percent under the provisions of 38 C.F.R. § 4.85, and his claim for an increased rating is denied.

The Veteran's application for a TDIU was denied as it was not raised prior to April 22, 2020.,The effective date for DEA benefits was denied because the qualifying disability rating (100% schedular rating for PTSD) was established on April 22, 2020.

The Veteran's claim for service connection for amyotrophic lateral sclerosis, tinnitus, and bilateral hearing loss was granted. Service connection is established for amyotrophic lateral sclerosis due to active duty service. Bilateral hearing loss and tinnitus are not service-connected as there is no evidence of in-service injury or continuous symptoms since service.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been denied. The Board has found that the evidence does not support a finding of in-service onset or continuity of symptomatology.,For his PTSD, the Veteran's claim is remanded as there are outstanding VA treatment records from January 2017 to the present.