Hearing loss Board decisions

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records, scheduling a VA examination to assess the severity of his bilateral knee disabilities and hearing loss, and readjudicating the claims.

The Veteran's claim for restoration of a 60 percent rating for bilateral hearing loss, effective January 1, 2012 to January 23, 2014 was granted. The issue of entitlement to TDIU termination on January 1, 2012 was also resolved in favor of the Veteran.

The Veteran's bilateral hearing loss is found to be related to in-service noise exposure, and the claim for service connection for this condition is granted. The left hand injury claim will be remanded as it involves a new issue not previously addressed.

The Veteran's claim for a compensable evaluation for bilateral hearing loss is being remanded due to the need for a new VA audiological examination.

The Veteran's bilateral hearing loss has been rated at 50 percent since the appeal period began, reflecting a significant improvement from the initial rating of 10 percent.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for a new VA examination and consideration of his testimony during the November 2016 hearing.

The Board finds that the Veteran's service connection claim for bilateral hearing loss is granted as there was evidence of a current disability, in-service hearing loss, and no medical opinion provided an opposing nexus. The Veteran's hearing loss was noted during service and continues to this day.

The Board found no evidence of a relationship between the Veteran's current bilateral hearing loss and his military service, including noise exposure. The preponderance of the evidence is against the claim.

The Board has determined that the Veteran's bilateral hearing loss does not warrant a rating in excess of 10 percent, as his current hearing acuity levels do not meet the criteria for higher ratings.

The Board found that the Veteran's hearing loss did not meet VA disability criteria and denied his claim for service connection.

The Veteran's claims for service connection for bilateral hearing loss, left knee disability, right knee disability, and scars of the knees have been denied. The Board found no evidence of a current bilateral hearing loss disability for VA purposes and concluded that the Veteran did not meet the criteria for service connection based on direct evidence.

The Board finds that the Veteran's current bilateral hearing loss disability and tinnitus were not incurred in or aggravated by service. The evidence does not support a finding of noise exposure during service, and there is no objective evidence of a significant threshold shift beyond normal measurement variability during service.

The Board found that the Veteran's left ear hearing loss and tinnitus are not related to service, as there was no evidence of such conditions in service or within one year post-service. The Veteran is therefore denied service connection for these conditions.

The Board found that there was clear and unmistakable error in denying service connection for bilateral hearing loss, which would have been granted if not for the error. The effective date is set at October 30, 2004.

The Board has determined that the Veteran's preexisting talipes cavus was aggravated by his active duty service, and therefore grants service connection for bilateral talipes cavus. However, there is no evidence of a current diagnosis of bilateral hearing loss disability as defined by VA standards.

The Veteran's bilateral hearing loss is rated at 20 percent from July 30, 2013 to the present. His impairment of rectal sphincter control with fecal incontinence has been rated as 10 percent since January 3, 2014.

The Veteran's current bilateral hearing loss had its onset in service and the Board finds that he meets the criteria for service connection.

The Veteran's bilateral hearing loss and tinnitus are not service-connected as they were not incurred during or as a result of his military service. The lung disability is service-connected, but the Board finds that it is not related to his in-service pneumonia.

The Veteran's claim for an increased disability rating for bilateral hearing loss prior to October 1, 2015, and in excess of 60 percent thereafter is denied as the evidence does not support a higher evaluation based on the current state of his hearing impairment.

The Board has reopened the claim for service connection for right ear hearing loss and granted service connection based on evidence showing a relationship between the Veteran's military service and his current condition.