Hearing loss decisions — 2001

The Board denied the veteran's claim for an earlier effective date for his TDIU due to service-connected disabilities, finding that it was not factually ascertainable that he had been unemployable prior to December 5, 1997.

The Board has determined that the veteran's current bilateral hearing loss disability is due to his active service, specifically operating a M18 57mm recoilless rifle during combat in Korea. The Board found that this exposure resulted in his present condition and granted service connection for the disability.

The veteran's appeals for increased ratings and initial ratings were denied. The low back disability was not timely appealed, the postoperative residuals of a stress fracture of the right distal fibula met criteria for a compensable rating, but the hearing loss did not meet criteria for higher than noncompensable ratings.

The Board denied the veteran's claims for service connection for a right ear hearing loss and an initial evaluation in excess of 0 percent for his left ear hearing loss disability.

The Board has denied the veteran's claim for service connection for bilateral hearing loss with tinnitus, finding that his current conditions were not incurred in or aggravated during his military service.

The Board has ordered a remand due to the failure of the RO to secure an adequate VA examination as requested in prior instructions. The case is now returned for further action.

The Board denied the veteran's claims for service connection for peripheral neuropathy of the upper and lower extremities, heart disorder and hypertension, dementia secondary to PTSD, left ear hearing loss disability, left ear infection, and perforation of the left tympanic membrane. The 20 percent rating assigned for gunshot wound injury to Muscle Group XVII was also denied.

The veteran's claim for an increased evaluation of his service-connected hearing loss was denied. The RO also denied a request for an earlier effective date for service connection for bilateral tinnitus, which the RO assigned to March 31, 1998.

The veteran's service-connected disabilities did not preclude all forms of substantially gainful employment prior to April 7, 1997.

The Board denied the veteran's claims for service connection for right ear hearing loss, fatigue, memory loss, headaches, and a gastrointestinal disorder. The effective dates for the grants of service connection for left ear hearing loss and tinnitus were not changed.

The Board has reopened the veteran's claim for service connection for bilateral hearing loss due to new and material evidence submitted since the 1986 decision.

The Board denied service connection for bilateral hearing loss, concluding that the evidence did not establish a link between the condition and active duty.

The veteran's fatal diabetes was incurred during his active duty and is considered service-connected. The cause of death, therefore, meets the criteria for DIC based on service connection for the cause of the veteran's death.

The Board has determined that the veteran's current hearing loss is related to his exposure to loud noises during service, and thus grants service connection for bilateral hearing loss.

The veteran's claim for a compensable rating for bilateral hearing loss was denied by the RO, as his current hearing impairment does not meet the criteria for a higher evaluation.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the veteran currently suffers from right ear hearing loss and if it is related to his military service. The claim for increased rating of left ear hearing loss remains on appeal.

The Board finds that the veteran's current hearing loss is related to his military service and grants service connection for bilateral hearing loss. The claim of entitlement to an increased evaluation for residuals of a gunshot wound of the right hip is granted.

The veteran's service-connected conditions did not cause or contribute to his death, and the criteria for DIC based on claimed service connection for the cause of death have not been met. The veteran was denied entitlement to DIC under the provisions of 38 U.S.C.A. § 1318.

The Board denied the veteran's claims for increased ratings for right ear hearing loss, left knee disability, and low back sprain. The RO had previously granted service connection for these conditions but did not find them related to active duty.

The VA has determined that the veteran's service-connected bilateral hearing loss does not warrant a compensable evaluation.