Hearing loss Board decisions

The Veteran's service-connected disabilities are deemed to have rendered him unemployable since November 2008, and the Board has referred the issue of TDIU prior to May 9, 2014, on an extraschedular basis for further consideration.

The Veteran's TDIU claim is granted effective November 4, 2016, due to the combined effect of his service-connected disabilities preventing him from obtaining and maintaining a substantially gainful occupation.

The Veteran's PTSD, bilateral hearing loss, and tinnitus are being remanded for further evaluation as the current ratings do not reflect their full severity.

The Veteran's initial claim for a compensable rating for bilateral hearing loss prior to January 1, 2018 was denied. A 20 percent rating is granted effective January 1, 2018.

The Board has remanded several issues related to the Veteran's service connection claims, including those for generalized anxiety disorder, hemorrhoids, residuals of a head injury, migraines, right wrist disability, left wrist disability, left hand disability, PTSD, sleep apnea, jaw disability, and chest pain. The remaining issues have been dismissed.

Service connection is granted for bilateral hearing loss and tinnitus.,New and material evidence has been received to reopen the claims for service connection for right great toe injury and left Achilles tendonitis.

The Veteran's claim for service connection for hypertension was denied in July 2004, and new and material evidence has not been received to reopen the claim. The effective date of service connection for thoracolumbar spine disability, cervical spine disability, right shoulder disability, and left lower extremity radiculopathy is set at July 21, 2011.,The Veteran's claims for increased ratings for psoriasis, GERD, chronic sinusitis, allergic rhinitis, and right knee disability are denied. The effective date of service connection for presbyopia with hypermetropia, astigmatism, and pinguecula is set at July 21, 2011.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and active service.

The Board denied a request for an earlier effective date for the award of a 10 percent rating for bilateral hearing loss, finding that there was no ascertainable increase in severity within one year prior to May 29, 2018.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation from July 17, 2019.

The Veteran's appeal is remanded to correct a duty to assist error that occurred prior to the March 2020 rating decision on appeal. The AOJ obtained an August 2018 examination report, but the Veteran reported worsening hearing since then. A new examination is needed to assess the current severity of his service-connected bilateral hearing loss.

The Veteran's service connection claim for right ear hearing loss is denied as his current condition does not meet the criteria for a compensable disability under VA regulations.,For lumbar strain with DDD, a rating in excess of 10 percent prior to September 27, 2022, and in excess of 30 percent thereafter is denied. The Veteran's claim is based on direct service connection.

The Veteran's service-connected disabilities do not render him unable to secure and maintain a substantially gainful occupation.

The Board has granted service connection for bilateral hearing loss, DDD of the lumbar spine, and bilateral lower extremity radiculopathy secondary to now service-connected DDD of the lumbar spine.,Reasons: The Veteran's claims were based on direct evidence of in-service injury or disease. Service connection was granted due to the Veteran's credible lay statements regarding his symptoms and the VA examiners' opinions supporting a link between his current conditions and service.

The Veteran's claim for service connection for tinnitus was granted. Service connection was also established for major depressive disorder, persistent depressive disorder, and trauma-related disorder. The Veteran's back disability is now rated at 40 percent from January 24, 2022.

The Board has remanded the cases for additional development and medical opinions to address conflicting evidence regarding the nature and etiology of the Veteran's bilateral hearing loss and lung conditions.

The Veteran's disability rating for bilateral hearing loss was reduced from 60 percent to 0 percent effective February 10, 2017. The Board has restored the 60 percent rating as of that date.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence supports a link between these conditions and the Veteran's in-service noise exposure.

Service connection is granted for diabetes mellitus, type II (DM), a heart disorder (IHD, CHF, and CAD), right leg ulcers, left leg ulcers, bilateral hearing loss, and peripheral neuropathy of the right upper extremity.,Service connection is denied for a left ankle disorder, a right ankle disorder, and a left hand disorder.

The Board has requested that all outstanding treatment records from the Martinsburg VA Medical Center and associated outpatient clinics be obtained. The Veteran also indicated she received audiological care at Miracle Ear in Waynesboro, Pennsylvania, but was unable to obtain these records herself. These records must be obtained on remand.