Hearing loss Board decisions

The Board's decision is vacated due to a failure to address the Veteran's lawful opt-in to the Appeals Modernization Act (AMA) system, which violated his right to due process of law.

The Board denied the Veteran's claims of entitlement to service connection for various conditions, including bilateral hearing loss, tinnitus, hepatitis C, low back disability, neck disability, and gout. The evidence did not establish a direct relationship between these conditions and his active service.

The Veteran's initial ratings for scar, status post inguinal hernia and allergic rhinitis with deviated septum and sinusitis are denied. The Board finds a remand is necessary to obtain relevant treatment records and conduct an adequate VA examination.,Service connection for bilateral hearing loss and hyperlipidemia (high cholesterol) is denied as the Veteran does not have these conditions for VA purposes.

The Veteran's appeal of service connection for CFS was dismissed. The claims for TBI, skin condition, bilateral shin splints, and right thumb fracture residuals were denied as there is no persuasive evidence of current disabilities or symptoms related to these conditions. The claim for bilateral hearing loss was also denied due to lack of a diagnosed disability.

The Board has remanded the claims for bilateral hearing loss, PTSD, headache disability, and thoracolumbar spine disability due to delays in scheduling VA examinations. The Veteran's failure to report for these examinations is being addressed.

The Board has determined that additional evidence needs to be considered and the claims are being remanded for further review.

The Board has remanded the Veteran's claims for bilateral hearing loss and tinnitus due to errors in the November 2018 VA examination, including an incorrect history of threshold shifts at 6000 Hertz on entrance and separation exams.

The Board has determined that additional development is needed to determine the nature and etiology of any hearing loss and tinnitus, including reviewing new service records and obtaining private medical records. The Veteran will be provided with a VA examination to assess his claims.

The Board denied the Veteran's claim for service connection for left ear hearing loss, finding that his preexisting condition did not worsen during military service.

The Veteran's initial claim for an increased rating for bilateral hearing loss was denied as his audiometric results did not meet the criteria for a compensable evaluation.

The Veteran's right thumb scars are rated as 20 percent disabling since April 23, 2021. The claim for a rating in excess of 10 percent is remanded due to the need for clarification on whether his hand shaking and numbness were caused or aggravated by his right thumb disability. Additionally, the Veteran's hearing loss is denied as he does not meet the criteria for a VA hearing loss disability.

The Veteran's appeals for increased ratings for migraine headaches and bilateral hearing loss, as well as service connection for sleep apnea and a heart condition, have been dismissed due to the Veteran's attorney withdrawing his appeal.

The Veteran's petition to reopen a claim for service connection for right ear hearing loss is granted, and the claim is also granted.,Service connection is granted for both right ear hearing loss and tinnitus as secondary to right ear hearing loss.

The Veteran's service connection claim for left ear tinnitus is granted. Claims for service connection of left ear hearing loss, left knee disability, and left ankle disability are remanded.

The Veteran's right ankle disability, back disability, left lower extremity radiculopathy of the femoral nerve, and left lower extremity sciatic nerve radiculopathy have all been denied as they do not warrant a higher rating under applicable VA regulations.,A compensable rating for left ear hearing loss has also been denied.

The Board has reopened the Veteran's claims for prostate cancer and bilateral hearing loss due to new evidence. The issues of service connection for tinnitus, thoracic cage blood clots, erectile dysfunction (secondary to prostate cancer), and an acquired psychiatric disorder are remanded for further development.

The Veteran's claims for right ear hearing loss, diabetes mellitus, and bilateral lower extremity radiculopathy were denied. The claim for tinnitus was not granted as higher than 10 percent.,PTSD was rated at the highest possible level (70 percent) prior to July 16, 2020, and TDIU was granted.

The Veteran's claims for service connection have been remanded due to the need for additional development regarding his exposure to chemicals while stationed in Japan. The Board will consider all of his claimed conditions, including cardiovascular issues and diabetes, as part of this case.

The Veteran's bilateral hearing loss is found to have started in service and has continued since then. The cervical spine, low back, and left hip disorders are remanded for additional development as the VA examiners' opinions did not consider pertinent service treatment records.

The Board has remanded the claims for bilateral hearing loss and tinnitus due to inadequate previous opinions and failure to address all relevant factors, including noise exposure from all periods of service.