Hearing loss Board decisions

The Board has granted an earlier effective date of February 28, 2018, for the grant of a total disability rating based on individual unemployability (TDIU) due to service-connected conditions including coronary artery disease, PTSD, and bilateral hearing loss.

The Veteran's claim for an increased rating for bilateral hearing loss is being remanded due to a duty to assist error and the need for a new VA examination.

The Veteran's bilateral hearing loss is currently rated at 40 percent, which is the maximum rating available under VA regulations. The Board found that his current hearing acuity does not warrant a higher disability rating.

The Board has determined that there are pre-decisional duty-to-assist errors in the claims for bilateral hearing loss and tinnitus, requiring a remand to obtain new VA examinations.

The Veteran's claim for an earlier effective date for TDIU is remanded due to unclear employment history prior to October 26, 2023. The AOJ must provide the Veteran with a VA Form 21-8940 and clarify his work history.

The Veteran's tinnitus was granted service connection, but his hearing loss and migraines were denied. The rating for migraines remains at 10 percent.

The Veteran's initial claim for a compensable rating for his service-connected bilateral hearing loss disability was denied. The Board found that the evidence did not meet the criteria for a higher rating based on Diagnostic Code 6100, which pertains specifically to evaluations of hearing loss disabilities.

The Board dismissed the appeal for an increased rating in excess of 50 percent for sleep apnea due to untimeliness. The Veteran's appeals for service connection for bilateral hearing loss, asthma, sinusitis, gastroesophageal reflux disease (GERD), hypertension, headaches, bilateral plantar fasciitis, sciatica, right knee disability, left knee disability, and an acquired psychiatric disability were denied.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current diagnosis of a hearing disability that meets VA criteria.

The Veteran's right ear hearing loss disability is rated at 50 percent, but not higher. The decision also notes that the non-service-connected left ear hearing loss meets criteria for a disability rating under 38 C.F.R. § 3.385.

The Board has determined that the Veteran does not have bilateral hearing loss to a degree recognized as a disability for VA purposes, and therefore service connection is denied.

The Veteran's claims for service connection and a compensable evaluation for hearing loss disabilities are being remanded due to inadequate VA examination and opinion.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's symptoms are related to military noise exposure.

The Board has determined that new and relevant evidence has been presented with respect to the Veteran's supplemental claim for service connection of a bilateral hearing loss disability. The case is being remanded for further development, including obtaining an audiological examination and addressing whether the hearing loss disability is secondary to or aggravated by a service-connected condition.

The Veteran's reduction in disability rating from 50 percent to 40 percent for bilateral hearing loss, effective July 1, 2024, was proper. The Board found actual improvement of the Veteran's bilateral hearing loss and concluded that a higher rating is not warranted.

The Board has determined that new and relevant evidence has been submitted to reopen the claims for service connection for bilateral hearing loss and tinnitus. As a result, both conditions are now granted.

The Veteran's hypertension, ischemic heart disease (coronary artery disease), diabetes mellitus type 2, and bilateral hearing loss are all granted as they are presumed to be related to herbicide exposure during service.,Service connection for OSA, an acquired psychiatric disability, and erectile dysfunction is also granted.

The Veteran's tinnitus is granted service connection, as it started during her military service.,Bilateral hearing loss is denied as the Veteran does not meet VA criteria for a disability rating under the applicable regulations.,Migraine headaches are rated at 30 percent, with attacks occurring once per month and no very prostrating and prolonged attacks noted.,Diverticulitis has been granted an initial 10 percent disability rating based on symptoms of occasional episodes of bowel disturbance.,Left foot hallux valgus is granted a 10 percent disability rating due to pain causing functional impairment.,Right foot hallux valgus is also granted a 10 percent disability rating for the same reasons as left foot hallux valgus.

The Board denied service connection for left upper extremity diabetic neuropathy, bilateral hearing loss, and kidney disability due to lack of a current diagnosis and no causal relationship between the disabilities and service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's clinical hearing loss and its relation to his active service, as well as tinnitus.