Hearing loss Board decisions

The Board has decided to remand the case due to a lack of an adequate VA medical opinion regarding the cause of the Veteran's bilateral hearing loss. The AOJ is instructed to obtain a new opinion from a qualified examiner.

The Board denied the Veteran's motion to revise or reverse a March 7, 2019 rating decision for bilateral hearing loss and a May 16, 2017 rating decision for left shoulder dislocation. The March 7, 2019 decision did not err in assigning a 20% disability rating for bilateral hearing loss as the evidence showed it was not at a level warranting a higher rating. The May 16, 2017 decision did not assign a separate rating for left shoulder dislocation due to internal inconsistency and conflicting evidence.

The Veteran's asthma, COPD, and bilateral hearing loss are granted as service-connected on a direct basis. The Board found the evidence in approximate balance regarding the onset of his respiratory symptoms during active duty.

The Veteran's PTSD, allergic rhinitis, lumbosacral strain with degenerative arthritis and herniated disc at L4-L5, left lower extremity sciatic radiculopathy, bilateral fallen arches, neurological condition of other systems, and bilateral hearing loss are all service-connected. However, a rating in excess of 30 percent for PTSD is denied.

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

The Veteran's bilateral hearing loss is related to in-service hazardous noise exposure and service connection for this condition is granted. The back disability claim is remanded due to insufficient evidence.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss, finding that there is no evidence of a hearing disability during service and insufficient continuity of symptomatology to establish a link between current hearing loss and military noise exposure.

The Veteran's service-connected disabilities do not require the need for regular aid and attendance, as he is capable of performing most activities of daily living with assistance from his informal caretaker.

The Veteran's left ear hearing loss is granted as it is related to active service.,The Veteran's right ear hearing loss, which was preexisting but aggravated by service, is also granted.,The Veteran's tinnitus is granted as it is related to his active service.

The Veteran's claims for compensable evaluations for various foot conditions and hypertension are being remanded due to duty-to-assist errors. The issues include bilateral hearing loss, right and left foot degenerative arthritis, right and left hallux rigidus, and hypertension.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service. The decision resolves any reasonable doubt in favor of the Veteran.

The Board has determined that additional evidence is needed to determine if the Veteran's hearing loss, impingement syndrome with adhesive capsulitis and rotator cuff tear/retracted in both shoulders, and cervical herniated disc displacement are related to service. The claims for these conditions are being remanded.

The Board has remanded the Veteran's claims for tinnitus and bilateral hearing loss due to potential errors in obtaining medical records and providing adequate VA examinations. The AOJ is instructed to obtain any missing private medical records and schedule the Veteran for a VA examination to determine if his conditions are related to service.

The Veteran's appeals for a decrease in the rating for hearing loss and discontinuance of Dependents' Educational Assistance (DEA) benefits, as well as his appeal regarding service connection for asthma and an increased rating for right foot fracture, have been dismissed due to lack of jurisdiction. The proposed reductions were not yet finalized at the time of the Veteran's appeals.

The Veteran's left ear hearing loss and residuals are currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 6100. The evidence does not support a higher rating.,The Veteran's vertigo has been rated as 10 percent disabling based on occasional dizziness. There is no persuasive evidence to warrant an increased rating.

The Board has determined that there are pre-decisional duty-to-assist errors in the claims for service connection for bilateral hearing loss and tinnitus, and therefore, remands these issues to obtain new VA examinations.

The Board denied the Veteran's claim for service connection for hearing loss as there is no evidence of a current disability meeting VA criteria.

The Veteran's appeals for service connection for bilateral hearing loss and tinnitus have been dismissed due to the Veteran's death.

The Veteran's chronic right ankle sprain is rated at 10 percent since June 5, 2020, and denied for an evaluation in excess of this level.,The Veteran's bilateral hearing loss disability has been rated as noncompensable since September 2021.

The Veteran's bilateral hearing loss was evaluated as level I in both ears, resulting in a noncompensable disability rating. The Board found that the evidence did not support a compensable disability rating based on the audiometric findings.