Tinnitus (ringing in the ears) decisions — 2017

The Board has determined that the Veteran's claims for service connection for tinnitus, sleep apnea, cervical spine stenosis, and migraine headaches have been denied as there is no evidence linking these conditions to his military service or a service-connected disability.

The Veteran's vertigo condition was evaluated under Diagnostic Code 6204 and rated at a 30 percent disability rating effective December 6, 2012. The Veteran experienced dizziness with occasional staggering.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as his combined disability rating is only 70 percent, which does not meet the requirement of at least one disability rated at 40 percent or more with a combined rating of 70 percent or more. The Board finds that the Veteran is not unemployable solely due to service-connected disabilities.

The Board found that the Veteran's tinnitus and bilateral hearing loss were not related to his service, as there was no evidence of chronicity or continuity of symptoms since service separation. The claims for service connection for these conditions are therefore denied.

The Board has restored the Veteran's 40 percent rating for low back pain, muscular with productive and degenerative changes from September 1, 2017. The Board also granted entitlement to a TDIU based on service-connected disabilities.

The Board has determined that the Veteran's service connection claims for left hip disability, right hip disability, pinched nerve in the back, right hand disability, and right arm, shoulder, and elbow disabilities are denied. The claim for a total disability rating based on individual unemployability due to service-connected disabilities is granted.

The Veteran's appeal has been withdrawn due to the request for withdrawal of all remaining claims on appeal.

The Board has determined that further development is needed to address the appellant's claims for service connection and TDIU, including obtaining verification of her periods of active duty training (ADT) after 1980, obtaining all relevant VA and non-VA treatment records, scheduling a VA audiology examination, and verifying SSA disability benefits.

The Board has determined that the Veteran's tinnitus is service-connected, as it arose during his military service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral hearing loss and tinnitus. Affording the Veteran the benefit of the doubt, it is at least as likely as not that his current bilateral hearing loss and tinnitus are related to acoustic trauma during active military service.

The Board found that the Veteran's bilateral sensorineural hearing loss and tinnitus were not incurred or aggravated by service, as there was no evidence of increased decibel loss during service. The separation examination showed normal hearing, and subsequent audiometric testing did not show any significant increase in hearing loss.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his active service, granting service connection for these conditions.

The Board has granted service connection for tinnitus but the issue of service connection for an acquired psychiatric disorder remains pending as new evidence was submitted to reopen this claim.

The Veteran's claims for service connection were denied, and the Board found that new and material evidence had not been received to reopen several previously denied claims. The right ankle tibiotalar degenerative joint disease was rated at 20 percent, but no higher due to lack of ankylosis. The noncompensable scar rating remained unchanged.

The Veteran's service-connected major depressive disorder and tinnitus do not render him unemployable due to his disabilities, as he has the education and skills to perform jobs with minimal responsibility.

The Veteran's service-connected conditions have rendered him unable to obtain or maintain substantially gainful employment, and the Board has granted a TDIU rating for the entire appellate period.

The Veteran's service-connected tinnitus is rated at 10 percent, which is the maximum schedular rating authorized for tinnitus under Diagnostic Code 6260. The Board finds that the preponderance of evidence does not support an increased rating.

The Veteran's service-connected disabilities did not render him unemployable prior to May 11, 2017. The Board finds that the preponderance of evidence is against a finding of TDIU prior to this date.

The Veteran's service-connected disabilities, including adjustment disorder with mixed anxiety and depressed mood, right lower extremity radiculopathy, chronic lumbar strain with mild disc disease, migraines, tinnitus, and bilateral hearing loss, rendered her unable to secure or follow substantially gainful employment as of July 27, 2015.

The Veteran's tinnitus was granted service connection and his hearing loss disability is not entitled to a compensable rating.