Hearing loss Board decisions

The Veteran's claim for service connection for hearing loss is denied as there is no current evidence of a hearing disability meeting VA criteria.,The effective dates for the grants of service connection for PTSD, GERD, and tinnitus are both April 22, 2013, which is one year prior to the date the claim was received.,The Veteran's service-connected disabilities do not meet or approximate the criteria for a disability rating higher than 70 percent for PTSD or a disability rating greater than 10 percent for GERD. The Veteran does not have total occupational and social impairment due to his PTSD, nor has he demonstrated symptom combinations productive of considerable or severe impairment of health due to his GERD.,The Veteran's service-connected disabilities are rated 90 percent disabling and prevent him from obtaining and retaining gainful employment for which he would otherwise be qualified. Therefore, the criteria for a TDIU have been met.

The Board has ordered additional development to obtain VA treatment records and an addendum opinion regarding the Veteran's hearing loss disability.

The Veteran's appeal is being remanded due to the need for additional development regarding his claims of service connection for bilateral hearing loss and tinnitus. The respiratory disorder claim has been found not to be supported by evidence.

The Veteran's hearing impairment has been rated at 10 percent for the period from August 9, 2011 to June 28, 2016 and at 20 percent thereafter. The criteria for increased ratings have not been met.

The Veteran's bilateral hearing loss disability is currently rated as noncompensable prior to May 25, 2017, and 10 percent thereafter. The Board denied a higher rating for the period before April 4, 2013, and granted a 10 percent rating since that date.

The Veteran's claim for an initial compensable rating for bilateral hearing loss and a TDIU prior to September 8, 2008 was denied. The Board found that the evidence did not meet the criteria for a compensable rating for hearing loss or entitlement to a TDIU due to service-connected disabilities.

The Board has determined that the Veteran's left ear hearing loss disability is related to his active service and grants this claim. However, the Board finds no evidence of an in-service injury or disease for the left ankle condition and denies this claim.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's bilateral hearing loss disability had its onset during service, and therefore grants service connection for this condition.

The Board has remanded the Veteran's claims for additional development due to new evidence submitted by the Veteran and VA treatment records.

The Veteran's claim for an earlier effective date for service connection of bilateral hearing loss was denied. The Board found that the January 1956 rating decision denying service connection was not clearly and unmistakably erroneous, and there were no informal or formal claims within a year prior to November 4, 2009.

The Veteran withdrew from appellate consideration the issues on appeal, including the increased rating claim for degenerative disc and joint disease of the lumbosacral spine, and the service connection claims for bilateral hearing loss, obstructive sleep apnea, glaucoma, bilateral gynecomastia, status post subcutaneous mastectomy, left and right knee disorders, left and right shoulder disorders, a cervical spine disorder, and rheumatoid arthritis.

The Veteran's claim for a higher rating for his service-connected bilateral hearing loss is granted since July 18, 2016, with a 20 percent rating. The previous ratings are denied.

The Veteran's left knee disability is granted as secondary to his service-connected left lower extremity radiculopathy. Service connection for bilateral pes planus and right ankle lateral collateral ligament sprain are denied.

The Veteran's hearing loss is currently rated as noncompensable (zero percent) on a schedular basis, and the Board has referred the issue for extraschedular consideration.

The Board has granted a 10 percent rating for bilateral hearing loss after October 13, 2016. Prior to that date, the Veteran's hearing loss did not meet the criteria for a compensable rating.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his in-service exposure to noise, and service connection is granted for both conditions.

The Board has ordered a new VA examination to determine the etiology of the Veteran's current bilateral hearing loss, which is currently at issue. The Veteran's service connection claim for bilateral hearing loss will be remanded due to inadequate opinion regarding the relationship between in-service noise exposure and his current condition.

The Veteran's bilateral hearing loss has been rated at 30 percent since August 3, 2015, based on the severity of his hearing impairment as determined by VA audiometric evaluations.

The Veteran's claim for service connection for bilateral hearing loss was previously denied, and the Board has determined that new and material evidence has not been received to reopen this claim. The issue of a rating in excess of 70 percent for major depressive disorder from August 21, 2013 remains on appeal.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current bilateral hearing loss and tinnitus were incurred in or due to his active duty service. As such, the claims for service connection are granted.