Hearing loss Board decisions

The Board found no basis for a higher initial rating for the service-connected bilateral hearing loss prior to February 22, 2016 and denied an increased rating thereafter. The Veteran's lumbosacral strain was rated as 10 percent disabling based on forward flexion of the thoracolumbar spine to 45 degrees.

The Board has determined that additional development is needed for the claims of service connection for bilateral hearing loss and tinnitus, as well as the claim for an initial evaluation in excess of 50 percent for major depressive disorder. The Veteran's representative provided medical literature on noise-induced hearing loss, but the VA audiologist must comment on the Veteran's May 2011 lay report of symptoms and June 2010 records from Chihal ENT Associates. A current examination is also necessary to assess the severity of the service-connected major depressive disorder.

The Veteran's claim for a TDIU prior to February 14, 2017 is being remanded due to the addition of new evidence that has not been reviewed by the AOJ.

The Veteran's bilateral hearing loss and PTSD are found to be related to service, with the claim for service connection granted. The issue of an initial disability rating in excess of 70 percent prior to January 24, 2017 remains before the Board.

The Board finds that the Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment prior to October 28, 2010. As such, a TDIU on an extraschedular basis is granted.

The Board found no evidence of frostbite, hearing loss, or neuropathy in service and denied the Veteran's claims for these conditions. The Board also found that any neuropathy is related to diabetes rather than service.

The Board denied the Veteran's claims for service connection and higher ratings for his claimed conditions, finding no evidence of a current disability or causation in service.

The Veteran's July 1969 discharge is dishonorable for VA purposes and serves as a bar to the payment of VA compensation benefits for disability resulting from his second period of service. Service connection for PTSD, alcohol and substance use disorders, and prostate cancer are not granted due to the statutory character of discharge bar.

The Board has determined that the Veteran's acquired psychiatric disability, deep vein thrombosis (DVT), hiatal hernia (GERD), blood clots, night sweats, bilateral hearing loss, and hypertension are all service-connected.

The Board has granted service connection for right ear hearing loss, finding that the Veteran's current hearing loss is related to his in-service noise exposure. The claims for prostate cancer and ischemic heart disease are being remanded due to insufficient evidence regarding herbicide agent exposure.

The Board finds that the Veteran's current bilateral hearing loss disability is related to his active service, and grants service connection for this condition.

The Veteran's hearing loss is manifested by puretone threshold averages below 70 decibels in both ears, and speech recognition scores above 90 percent for both ears. The preponderance of the evidence shows that the criteria for a compensable rating have not been satisfied.

The Board has determined that the Veteran's left ear hearing loss is service-connected as it is at least as likely as not incurred in or aggravated by his active duty service.

The Veteran's bilateral hearing loss is found to be related to his in-service noise exposure and service connection for this condition is granted.

The Board denied an initial compensable rating for bilateral hearing loss, finding that the evidence did not support a higher disability rating based on the Veteran's audiometric test results.

The Veteran's bilateral hearing loss has been rated at 10 percent from May 10, 2010, to September 29, 2014. The Board found that the evidence did not support a higher rating during this period.

The Board has remanded the Veteran's claim due to his testimony that his bilateral hearing loss had subjectively worsened since his last examination. The case is being returned for a new VA audiological examination and for obtaining outstanding SSA and VA treatment records.

The Veteran's bilateral hearing loss disability is rated at 80 percent from August 19, 2017. The claim for an increased rating is denied.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically bilateral hearing loss and degenerative arthritis of the lumbar spine. His combined disability rating meets the criteria for a TDIU as of March 22, 2017.

The Veteran's hearing loss was rated at 10 percent prior to August 28, 2017. As of that date, the rating has been increased to 20 percent.