Hearing loss Board decisions

The Veteran's claim for service connection for hearing loss sensorineural was dismissed because the December 2, 2021 letter informing him of his previous denial did not constitute a valid appeal.

The Board has determined that the claims of entitlement to service connection for bilateral hearing loss, a left hand disorder, a right hand disorder, a low back disorder, a left knee disorder, and a right knee disorder, as well as migraine headaches, must be remanded due to pre-decisional duty to assist errors. The Veteran's specific disability pictures will need to be evaluated by VA examiners.

The Board has determined that the Veteran's diabetes mellitus and left ear hearing loss are related to service, but further development is needed due to a duty-to-assist error.

The Board has decided to remand the Veteran's claims for service connection for right ear hearing loss and an initial compensable rating for left ear hearing loss due to a duty to assist error. The Veteran must be provided with additional records from Dr. A.G. and her VA primary care provider.

The Board has remanded the claims for bilateral hearing loss, tinnitus, and migraines due to insufficient medical opinions regarding their etiology. The Veteran's service connection claims are being returned to the AOJ for further development.

The Board has determined that the Veteran's bilateral hearing loss is not related to his active service, including in-service noise exposure. The evidence does not support a finding of service connection for this condition.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for bilateral hearing loss and tinnitus. The AOJ is instructed to obtain addendum opinions addressing the nature and etiology of the Veteran's hearing loss and tinnitus, considering his continued exposure to noise after the separation examination.

The Veteran's claims for service connection for a thick heart disability, COPD, and right ear hearing loss have been dismissed due to untimely filing of the VA Form 10182.

The Veteran's hearing loss and tinnitus did not result in the need for regular aid and attendance of another person, so SMC based on aid and attendance is denied.

The Veteran's appeal for a higher rating for bilateral hearing loss was denied, and the Board found that a rating in excess of 20 percent is not warranted.,The Veteran's appeals for earlier effective dates for TDIU and DEA eligibility were also denied. The Board noted that the Veteran was already receiving benefits based on his service-connected disabilities at the time these claims were filed.,The Veteran's appeal for a higher rating for tremor disorder was remanded due to missing VA medical records.

The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there is no evidence of a causal relationship between his current hearing loss and his military service.

The Board has denied the Veteran's claims for service connection for tinnitus and left ear hearing loss, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran's right ear hearing loss did not meet the criteria for service connection as it was not shown during active service or at any time thereafter.,The Board has also determined that the Veteran's recurrent lumbosacral spine disability, including degenerative disc disease and spondylosis, did not meet the criteria for service connection as there is no evidence of such disability in service or for many years thereafter.

The Veteran's service-connected scars status-post ACL repair, left knee, do not warrant a compensable rating.,The Veteran's left knee disability does not meet the criteria for a rating in excess of 10 percent disabling based on limitation of flexion. Separate ratings for painful extension and instability have been granted.,Service connection has been established for right ear hearing loss, chronic sinusitis, and chronic headaches.,Left ear hearing loss service connection is denied.,The Veteran's left knee disability warrants separate 10 percent ratings for painful extension and instability.

The Board denied service connection for bilateral hearing loss, finding that the evidence did not support a causal relationship between current hearing loss and military noise exposure. The Veteran's separation examination showed normal hearing, and there was no significant shift in hearing thresholds from entrance to separation.

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.

The Veteran's claim for an initial compensable disability rating for bilateral hearing loss is remanded due to the VA's failure to assist in obtaining relevant medical records.

The Veteran's claim for an earlier effective date for a 100% rating for bilateral hearing loss is denied as it was not factually ascertainable that his disability increased in severity prior to the November 13, 2020 filing.

The Veteran's claim for service connection for right shoulder shrapnel wound scar is granted. The claims for bilateral hearing loss and increased disability ratings for right shoulder bicipital tendonitis, lumbar strain with DDD and arthritis, and head injury are remanded.

The Board has remanded the Veteran's claims for bilateral hearing loss, headaches, and tinnitus due to inadequate opinions and potential duty-to-assist errors.