Hearing loss decisions — 2001

The veteran's need for regular aid and attendance due to his severe psychiatric impairment, pain, nervousness, anxiety, and impairments of concentration and memory has been established. The Board finds that the evidence supports granting special monthly pension based on this need.

The Board denied the appellant's attempt to reopen her previously denied claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, considering the impairment from the disorders and his educational and occupational background.

The veteran's TDIU was granted effective from June 12, 1995 due to his service-connected disabilities making him unemployable as of that date.

The veteran's service-connected disabilities (left total knee arthroplasty, right ear hearing loss, and tinnitus) are evaluated as 70 percent disabling. The combined disability rating is 70 percent, meeting the criteria for a total disability rating based on individual unemployability due to service connected disabilities.

The Board has remanded the veteran's claims for service connection and rating issues due to incomplete development of medical records and need for further examination.

The veteran's claim for higher ratings for bilateral hearing loss prior to December 13, 1999, and since that date was denied. The Board found no evidence of service connection issues related to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive conditions.

The veteran's service connection for bilateral hearing loss was granted, but the RO assigned a noncompensable evaluation. The veteran requested an increased rating.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for bilateral hearing loss disability. The reopened claim is granted.

The Board has granted a separate 10 percent rating for the veteran's limitation of motion in his right elbow, apart from the pain and tenderness caused by his scar. The other claims for service connection have been remanded.

The VA denied an increased rating for the veteran's service-connected bilateral hearing loss, currently rated as non-compensable.

The veteran's appeal is denied as the RO properly assigned a 40 percent rating for lumbosacral strain and granted service connection for residuals of an injury to the sacrum and coccyx with a 10 percent rating. The appeals for increased ratings, compensable evaluations, and total disability based on individual unemployability due to service-connected disabilities are also denied.

The Board granted service connection for right elbow epicondylitis and increased ratings for the veteran's left knee, right knee, and left elbow disabilities. The hearing loss claim was denied.

The veteran's appeal for increased evaluations of his service-connected gunshot wound to the left iliac region, hemorrhoids, and lumbosacral paravertebral myositis was denied. The RO granted a 40% evaluation for lumbosacral paravertebral myositis effective December 30, 1999.,The veteran's appeal for an earlier effective date for the 40% rating of lumbosacral paravertebral myositis was also denied. The RO found that a total disability rating based on individual unemployability due to his service-connected disabilities was not warranted.

The Board has reopened the claim of service connection for bilateral hearing loss due to new and material evidence. The Board also found that the appellant's current hearing loss disability is likely related to his exposure to artillery fire during service.

The veteran's conditions do not render him in need of regular aid and attendance due to his ability to perform daily functions independently.

The Board has determined that the veteran's bilateral hearing loss warrants a 40 percent evaluation, effective as of April 2000. The claim for an earlier effective date is denied.

The veteran's claims for service connection and original compensable evaluations for hearing loss, ankle strain in the right and left ears have been denied as there is no evidence of a preexisting condition or aggravation during service.

The Board has determined that the veteran's claim for service connection for bilateral hearing loss is granted.

The Board denied the veteran's claims of entitlement to service connection for PTSD and right ear hearing loss, finding no credible evidence supporting these conditions or their relationship to service.