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2,379 vetted Board decisions in 2016.
The Board has remanded the case for further development and to afford the Veteran a hearing.
The Board has determined that the evidence is in equipoise as to whether the Veteran's tinnitus had its onset during active service, and thus grants service connection for tinnitus.
The Board has determined that the VA examination opinion is inadequate and requires an addendum to address whether the Veteran's tinnitus had its onset during active service or is otherwise related to active service or events therein, including noise exposure.
The Board has determined that an effective date prior to June 8, 2009 is not warranted for the grant of service connection for degenerative joint disease of the right shoulder, right knee, left knee, and tinnitus.
The Veteran's claims for increased ratings for tinnitus and bilateral hearing loss were denied as the maximum schedular rating of 10 percent is assigned for both conditions.
The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to service, as there is no credible evidence showing their onset during active duty or within one year of separation. The VA examiner concluded that the current conditions are more likely due to non-service-connected factors.
The Veteran's representative has withdrawn the appeal regarding his claim for service connection for headaches, including as secondary to service-connected tinnitus.
The Board has granted service connection for tinnitus, finding that the Veteran's symptoms are related to his in-service noise exposure. Service connection was denied for bilateral hearing loss due to lack of evidence linking it to service.
The Veteran's claims for earlier effective dates and increased ratings have been denied as the earliest correspondence related to these issues is dated January 2, 2013.,The Veteran seeks an initial rating in excess of 10 percent for tinnitus but this is not warranted given the maximum schedular rating available under Diagnostic Code 6260.
The Veteran's bilateral hearing loss and tinnitus are not service-connected as they did not manifest during or within one year after his military service. The Board finds that the preponderance of evidence is against a finding that these conditions had their onset during service, and against a finding that any current hearing loss disability is otherwise related to service or any noise exposure during service.
The Veteran is entitled to a TDIU since January 13, 2003, due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.
The Board denied service connection for residuals of cold injury, bilateral hearing loss, and tinnitus due to lack of evidence supporting these claims.
The Veteran meets the threshold criteria for a TDIU under the percentage standards set forth in 38 C.F.R. § 4.16(a) due to his service-connected disabilities, and the Board finds that the evidence is at least evenly balanced as to whether the limitations due to the Veteran's service-connected disabilities preclude him from securing or following any form of substantially gainful employment.
The Veteran's acquired psychiatric disorder, including PTSD, anxiety, and depression, is found to be secondary to his service-connected tinnitus. The Board grants service connection for this condition.
The Board has determined that a remand is necessary to obtain an updated VA examination for the Veteran's hearing loss claim and to ensure proper consideration of her lay statements regarding noise exposure. The tinnitus claim will be remanded as well due to the lack of a Statement of the Case (SOC).
The Veteran's bilateral hearing loss and tinnitus are found to have started during his military service.,The Veteran's right hand fracture residuals and pulmonary disorder (including asbestosis) are not currently established by the evidence.
The Veteran's appeal is being remanded due to the need for additional medical records and possibly a VA audiological expert opinion. The issues of service connection for bilateral hearing loss and tinnitus are pending.
The Board finds that the Veteran's current bilateral hearing loss and tinnitus are at least as likely as not related to his in-service exposure to acoustic trauma, thus granting service connection for both conditions.
The Veteran's tinnitus is found to be related to service, and the respiratory condition is found to be at least as likely as not related to service. The Board grants both claims.
The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are not related to his military service, as there is no evidence of a hearing loss disability during or within one year after service. The preponderance of the evidence does not support a finding that these conditions were incurred in service.
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