Hearing loss Board decisions

The Veteran's appeal for a higher rating in excess of 0 percent for bilateral hearing loss has been dismissed due to the Veteran's death during the pendency of the appeal.

The Board has decided to remand the claim of service connection for bilateral hearing loss due to a pre-decisional duty to assist error in the VA examination conducted in September 2020. The Veteran's lay contentions must be considered and weighed in making the determination.

The Veteran's appeal was dismissed due to their death, and the case is not being reactivated until a substitution determination is made by the AOJ.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment since July 8, 2013.,Effective date of July 8, 2013 for TDIU granted.

The Veteran's claims of service connection for bilateral hearing loss and tinnitus were dismissed because the appeal was not timely filed under the Appeals Modernization Act (AMA).

The Board has granted service connection for tinnitus, finding that the Veteran's current disability is related to his active service. However, it denied service connection for bilateral hearing loss due to a lack of evidence meeting VA compensation criteria.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, and tinnitus, likely preclude him from securing and following a substantially gainful occupation.

The Veteran's claims for an initial compensable rating for bilateral hearing loss and an initial rating in excess of 10 percent for arteriosclerotic heart disease (coronary artery disease) are remanded due to the need for additional medical examinations and records.

The Board has remanded the claims for bilateral hearing loss, right hip strain, left hip strain, right knee strain, and left knee patellofemoral pain syndrome with degenerative arthritis due to inadequate VA examinations. The Veteran's service records show a high probability of noise exposure in an infantry battalion.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss, finding that the evidence does not support a link between his current hearing loss and military service.

The Board has determined that a remand is necessary due to the inadequacy of the VA examination and failure to obtain relevant separation records. The Veteran's hearing loss will be re-evaluated by a specialist in otolaryngology.

The Veteran's appeal for a compensable disability rating for service-connected bilateral hearing loss has been dismissed due to the death of the Veteran.

The Veteran's claim for an increased rating for bilateral hearing loss is remanded due to the failure to schedule a VA examination within five years of the last examination.

The Veteran's tinnitus, right ear hearing loss, and left ear hearing loss are granted service connection. The Veteran's right knee disorder and acquired psychiatric disorder (PTSD, alcohol use disorder, and intermittent explosive disorder) are remanded for further review.

The Veteran's bilateral hearing loss is denied as there is no evidence of in-service noise exposure and the current disability is not related to service.,The Veteran's tinnitus is denied as there is no evidence of in-service noise exposure, and it is less likely than not caused by or a result of military noise exposure.

The Veteran's tinnitus claim is granted. The Board finds service connection for tinnitus is warranted due to in-service noise exposure and credible lay statements of continuity of symptoms since service.

The Board has determined that the Veteran's bilateral hearing loss is related to noise exposure during active service and grants the claim for service connection.

The Veteran's appeal for increased ratings and a TDIU prior to January 31, 2020 has been dismissed due to the Veteran's request for withdrawal of the appeal.

The Board has remanded the case for additional development, including obtaining VA audiogram results from 2009 and 2010. The issues of entitlement to a compensable disability rating for bilateral hearing loss prior to March 23, 2022, and entitlement to TDIU are also being remanded.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current diagnosis of bilateral hearing loss is related to his in-service noise exposure and credible testimony. The VA examinations did not provide sufficient evidence to deny service connection.