Hearing loss Board decisions

The Board has determined that there were duty-to-assist errors prior to the September 2020 rating decision and has remanded the case for further development.

The Board has granted service connection for bilateral hearing loss disability and tinnitus, finding that the Veteran's conditions are related to his military service due to in-service noise exposure during combat.

The Board has dismissed the Veteran's appeals for service connection for radiculopathy, left lower extremity; bilateral hearing loss; radiculopathy, right lower extremity; and lumbar spine condition.

The appeal has been dismissed due to an administrative error in docketing the case before the Board.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, left foot condition, left shoulder arthritis, left hand index finger disability, and left leg disability as new and relevant evidence was not received to reopen these previously denied claims.

The Board has remanded the claims for bilateral hearing loss, bilateral eye condition, depression, right knee degenerative arthritis, high blood pressure (hypertension), left hip arthritis (status post hip replacement), and obstructive sleep apnea due to a lack of medical opinions addressing the nature and etiology of the claimed conditions.

The Veteran's tinnitus and bilateral hearing loss disabilities are already rated at the maximum allowed under VA regulations.,For his left and right hip disabilities, the Board found that ratings in excess of 10 percent were not warranted due to lack of additional functional loss or range of motion on repetitive use testing.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Veteran's right knee disability, characterized by painful motion, has been granted a 10% rating.

The Board has found the AOJ's reliance on a VA examination citing an IOM article to be inadequate due to lack of rationale. The Veteran's hearing loss had delayed onset, but the VA examiner did not provide sufficient explanation for this conclusion based on McCray v. Wilkie. Therefore, further medical development is needed.

The Veteran's claims for service connection have been denied as there is no evidence of current disabilities or a causal link to his military service. The Board has also remanded several issues related to anxiety, depression with insomnia, PTSD, vertigo, and sleep apnea due to potential exposure to toxins during service.

The Board has determined that there are errors in the decision and needs to be remanded for further examination and opinion regarding the Veteran's hearing loss.

The Board has denied the readjudication of service connection claims for hearing loss, tinnitus, left knee patellofemoral pain syndrome, and depression as there is no new and relevant evidence to support these claims.

The Veteran's claims for an initial compensable rating for left ear hearing loss and a higher rating for tinnitus have been denied. The Board found that the evidence did not support entitlement to these ratings.

The Veteran's claim for service connection for an acquired psychiatric disability, to include unspecified depressive disorder, is granted. The claims for bilateral hearing loss and skin rashes are denied. The claim for chronic left knee injury-joint pain is remanded.

The Board has granted service connection for left ear hearing loss and tinnitus, finding that the Veteran's conditions are related to his military service due to noise exposure.

The Veteran's bilateral hearing loss disability is not considered a current disability under VA criteria.,There is no credible evidence of an acquired psychiatric disorder, to include PTSD, related to service. The Veteran did not identify any in-service stressors or events.

The Veteran's hearing loss is currently rated at a noncompensable zero percent. The Board has remanded the claim of service connection for right eye condition due to insufficient medical evidence.

The Veteran's service-connected right ear sensorineural hearing loss is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted based on the evidence of record.

The Board has determined that the Veteran's bilateral hearing loss is related to his military service and grants entitlement to service connection for this condition.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are at least as likely as not related to his in-service noise exposure.