Hearing loss decisions — 2000

The Board denied the veteran's claims for service connection for a lumbar spine disability, viral infection syndrome with chest pain and fatigue, hearing loss, and tension myalgia and fibromyalgia. The evidence did not support these claims.

The Board has granted service connection for PTSD and assigned a 50 percent disability rating, effective from August 26, 1994. The claim for increased PTSD evaluation is denied.

The Board denied service connection for hearing loss in the right ear due to lack of current disability. For the left ear, while some degree of hearing loss was noted during service, it did not meet the threshold for a compensable disability as defined by VA regulations (38 C.F.R. § 3.385). The Board found that there is no clear and unmistakable evidence to rebut the presumption of sound condition at entry into service.

The Board has determined that the veteran's bilateral hearing loss does not warrant a compensable rating, as his hearing acuity is still at level I under the applicable VA Schedule for Rating Disabilities.

The Board has granted service connection for tinnitus and found that it is at least as likely as not related to service. The claim for a higher disability evaluation for bilateral hearing loss remains unresolved.

The Board dismissed the appeal of the increased rating for bilateral hearing loss due to a lack of timely filing of a substantive appeal. The claim of an increased rating for sinusitis was denied as there is no credible evidence supporting a higher disability evaluation.

The Board denied the veteran's claims for a compensable evaluation for hearing loss prior to December 29, 1998 and an evaluation in excess of 30 percent since that date. The June 1976 determination by the RO denying service connection for hearing loss was found not to contain clear and unmistakable error.

The Board has jurisdiction over the veteran's appeal and will review his claims for service connection for hearing loss, tinnitus, PTSD, and scars from shell fragment wounds. The issues of increased evaluation for PTSD and reopening of claim for service connection for malaria are remanded.

The veteran's appeal is being remanded due to incomplete service medical records and the need for additional examinations. The hearing loss claim will be reconsidered, and separate ratings may be assigned for any service-connected disorders of the feet/feet and/or knees as opposed to joining it with ankle disability.

The veteran's claims for increased ratings for otitis externa, left ear hearing loss, and left ear tinnitus have been denied. The Board found no evidence of active disease or disability for these conditions.

The veteran's claim for bilateral hearing loss and service connection for a back disorder was denied. The decision also noted that the veteran withdrew his appeal for other issues, such as lipoma excision of the back and deviated nasal septum.

The Board of Veterans' Appeals denied the veteran's claims for service connection for hearing loss, vision loss, a right knee disability, a right ankle disability, and skin rash.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for bilateral hearing loss. The veteran's current hearing loss is found to be related to his active military service.

The Board denied the veteran's claim for an increased evaluation of his right ear hearing loss, finding that the evidence did not meet the criteria for a compensable evaluation under the applicable rating schedule.

The Board denied service connection for PTSD and a compensable evaluation for bilateral hearing loss, finding that the veteran did not meet the criteria for these conditions based on recent medical evaluations. The decision also noted that there was no clear and unmistakable error in previous rating actions.

The veteran's service-connected PTSD is rated at 50 percent, which reflects significant impairment but not total occupational and social impairment. The other conditions (hearing loss and headaches) are not considered service connected.

The Board denied the veteran's claims for service connection for hearing loss, tinnitus, and chronic renal failure. The claim for PTSD was also denied as it did not result in occupational and social impairment warranting a higher evaluation. The shell fragment wound scars were evaluated at their current levels of 10 percent.

The VA has denied the veteran's claim for an increased evaluation of his service-connected bilateral hearing loss, currently rated at 20 percent.

The Board denied the veteran's attempt to reopen his claim of entitlement to service connection for hearing loss, finding that no new and material evidence had been submitted.

The Board denied the veteran's claims for service connection for bilateral hearing loss, respiratory disability due to tobacco use in service or nicotine dependence, and PTSD. The denial was based on lack of legal merit.