Hearing loss decisions — 2000

The Board found that the appellant's claims of service connection for disorders of the right knee, right hip, left shoulder, jaw and bilateral hearing loss are not well grounded due to lack of medical evidence demonstrating a current disability or showing a nexus between these conditions and his military service.

The veteran's appeals regarding service connection for an eye disorder, reopening of a claim for bilateral hearing loss, and increase in rating for hypertension were dismissed due to the failure to timely file a substantive appeal.

The veteran's increased hearing loss rating was granted with an effective date of May 5, 1993. His claims for service connection for left ankle and hip conditions were not supported by the evidence presented. Service connection for his back condition was established.

The VA has determined that the veteran's bilateral hearing loss disability does not warrant a rating higher than zero percent, as his hearing impairment is currently noncompensable.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection of thoracic scoliosis. The veteran's claim for service connection of bilateral hearing loss was considered well grounded.

The Board denied a rating in excess of 40 percent for bilateral hearing loss, finding that the veteran's hearing loss did not meet or approximate the criteria for such a rating under either the old or new VA rating schedules.

The Board found no evidence of a nexus between the veteran's current bilateral hearing loss and tinnitus and his service, thus denying the claims as not well-grounded.

The Board denied the veteran's claim of service connection for hearing loss in the right ear, finding that there was no current disability and insufficient evidence to link it to service.

The veteran's claim for an evaluation in excess of 10 percent for his service-connected bilateral hearing loss disability was denied. The RO found that the preponderance of evidence did not support a higher rating.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has determined that the veteran's claims for right ear hearing loss, low back disability, and hypertension are not well-grounded because there is no medical evidence of these conditions during service or within one year after discharge. The Board also found that there is insufficient evidence to establish a link between any current disabilities and military service.

The Board has granted service connection for bilateral hearing loss and assigned a 10 percent rating, effective from November 2, 1999. The veteran's current audiometric results support this rating.

The Board has granted a separate, 10 percent evaluation for deformity of the cervical vertebral body in addition to the current 20 percent evaluation for residuals of a fracture, subluxation of C2 on C3. The veteran's claim for service connection for bilateral hearing loss is well-grounded and requires further development.

The Board denied the veteran's claim for a compensable evaluation for his service-connected bilateral hearing loss, finding that the evidence did not meet the criteria for such an evaluation.

The Board denied the veteran's claims for service connection for otitis and an increased rating for bilateral hearing loss, finding no competent medical evidence of current disabilities.

The veteran's appeal has been dismissed due to his death.

The veteran's left ear hearing loss was aggravated by service and is now considered a disability. A current diagnosis of degenerative disc disease of the lumbosacral spine has been established, and it is as likely as not related to findings during his second period of active duty.

The veteran's claims for service connection and increased ratings were denied. The veteran was granted a compensable rating for his retained foreign body of the left hand.

The veteran developed additional neurological disability as a result of VA medical treatment in April 1995, and his service-connected disabilities render him so nearly helpless that he requires the care and assistance of others on a regular basis. The Board finds that compensation under 38 U.S.C.A. § 1151 for increased neurological disability is warranted.

The Board found no basis for an initial compensable evaluation for bilateral hearing loss due to the lack of evidence of nonunion or malunion of the scapula or clavicle.,For both shoulders, there was no evidence of painful motion, functional loss due to pain, excess fatigability, and incoordination. The Board concluded that an initial compensable evaluation under Diagnostic Code 5203 is not warranted.