Hearing loss Board decisions

The Board has determined that the Veteran's current bilateral hearing loss disability is incurred in service due to exposure to hazardous noise during his active duty, and grants service connection for this condition.

The Veteran's claims for effective dates earlier than July 24, 2017 for service connection of degenerative arthritis, thoracolumbar spine and right ear hearing loss have been denied as there is no evidence that the Veteran filed a claim prior to this date.

The Board has found duty to assist errors in the hearing loss and tinnitus claims, which were not addressed during the March 2020 rating decision. The claims are being remanded for further evaluation.

The Board has found that the AOJ did not obtain an adequate medical opinion regarding the etiology of the Veteran's vertigo, and thus remanded for further development. The issues include determining whether the Veteran's vertigo is proximately due to or aggravated by service-connected tinnitus and/or rupture right eardrum.

The Veteran's PTSD is rated at 50 percent since September 27, 2018. The effective date for the award of a 70 percent rating for PTSD has been denied.

The Board has reopened the claims for sleep apnea, bilateral eye disability, bilateral hearing loss, chronic sinusitis, and left foot injury due to new evidence. The claim for service connection for right ear hearing loss is denied.

The Veteran's bilateral hearing loss disability is rated at 20 percent, which is the maximum rating available under VA regulations. The Board found that a higher rating is not warranted based on the audiometric results provided.

The Board has granted readjudication of the claims for service connection for bilateral hearing loss and tinnitus, finding new and relevant evidence since the January 2017 rating decision. The claims are now remanded for further action.

The Board has granted service connection for the Veteran's bilateral hearing loss disability, finding that it is at least as likely as not related to in-service noise exposure. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has restored service connection for bilateral hearing loss and tinnitus due to the improper severance of these conditions in a previous rating decision.

The Board has remanded the claims of entitlement to service connection for left shoulder strain and left pes cavus (claw foot) due to duty-to-assist errors.,For the claim of bilateral hearing loss, the Veteran is not entitled to service connection as there is no current disability. For tinnitus, the evidence is in equipoise as to whether it began during service.

The Board has decided that the Veteran's bilateral hearing loss is service connected. The right shoulder injury and skin cancer claims are remanded for further evaluation.

The Veteran's claim for service connection for tinnitus was granted prior to the appeal, making the issue moot. The Board has remanded the claim for service connection for bilateral hearing loss due to insufficient evidence.

The Board denied the Veteran's claim for an earlier effective date of TDIU (Individual Unemployability) as there was no prior communication indicating intent to apply for TDIU, and the evidence did not show a factually ascertainable increase in service-connected disabilities within one year prior to April 22, 2020.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that these conditions are directly related to the Veteran's active military service.

The Veteran's appeals for increased ratings for PTSD and hearing loss are dismissed as the issues are pending in a future decision currently under the Legacy Appeals system.

The Veteran's bilateral hearing loss is being remanded due to the lack of STRs, specifically audiometric test results from his service. The Board will attempt to obtain these records and determine if they support or refute the Veteran's claim for service connection.

The Board denied service connection for bilateral hearing loss, finding that the Veteran's current hearing loss is less likely related to his in-service acoustic trauma and noting no evidence of chronicity or continuity of symptomatology from service.

The Board has granted service connection for right ear hearing loss, finding that the Veteran's current hearing loss is related to in-service noise exposure.

The Board has remanded the claims of service connection for diabetes mellitus, hypertension, and ischemic heart disease for accrued benefits purposes due to a lack of an Individual Longitudinal Exposure Record (ILER). The Veteran's claim for bilateral hearing loss for accrued benefits purposes is denied as there was no new and relevant evidence presented.