Hearing loss decisions — 2001

The veteran's bilateral hearing loss is rated at 70 percent disabling, and he is granted a total disability rating due to individual unemployability.

The veteran's claims for increased ratings for bilateral hearing loss and tinnitus have been granted, with the highest available schedular ratings being assigned.

The veteran's claims for service connection for PTSD, low back pain, and peripheral neuropathy (due to exposure to herbicides) were granted. The claim for a right shoulder disorder was not claimed. No rating assigned as the issue is still pending.

The Board found that the veteran did not have a current hearing loss disability in his right ear and failed to establish an inservice occurrence of a right ear hearing loss disability. Therefore, service connection for hearing loss was denied.

The Board has denied the veteran's claim for an increased disability evaluation for his service-connected left ear hearing loss, currently rated at 10 percent.

The veteran's bilateral hearing loss and tinnitus have been rated as 10 percent disabling, which is the maximum allowable rating under VA regulations.

The Board denied the veteran's claim for an earlier effective date for a compensable rating of his service-connected bilateral hearing loss and otitis media, finding that the earliest date it is factually ascertainable that an increase in disability had occurred was November 20, 1998.

The veteran's service-connected PTSD is currently rated at 30 percent, and the initial rating for hearing loss of the right ear has been granted. The cardiovascular disability/hypertension remains in dispute.

The veteran's tinnitus and bilateral hearing loss have been rated as the maximum allowable under VA regulations. The RO has not found that these conditions warrant a higher rating based on their current severity.

The Board denied the appellant's claims for increased ratings for PTSD, bilateral hearing loss, and otitis media with traumatic rupture of the right ear. The RO had previously granted service connection for PTSD and assigned a 30 percent rating, effective December 31, 1996.

The Board has determined that the veteran's initial noncompensable evaluation for bilateral hearing loss is denied as there is no evidence of marked interference with employment status or necessitated frequent periods of hospitalization.

The Board has remanded the case for further development and consideration, including a review of the veteran's claim under both old and current criteria for evaluating diseases of the ear. The RO must also ensure compliance with all notification and development requirements of the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's claims for higher initial disability ratings for bilateral hearing loss and scarring/perforations of eardrums were denied as there was no evidence to support a higher rating under applicable diagnostic codes.

The veteran's claim for a compensable rating for service-connected left ear hearing loss is denied.

The Board has determined that the veteran's bilateral hearing loss disability is service-connected due to inservice noise exposure, and thus grants service connection for this condition.

The Board of Veterans' Appeals dismissed the veteran's appeal because his substantive appeal was not timely filed.

The Board denied reopening the veteran's claims for service connection for otitis media of the left ear and hearing loss of the left ear, finding that the submitted evidence was cumulative.

The Board has granted service connection for the veteran's right ear hearing loss and remanded the issue of an initial compensable evaluation for bilateral hearing loss.

The Board has reopened the veteran's claims for service connection for a back disorder, bilateral hearing loss disability, and mitral valve prolapse. However, new evidence does not establish that these conditions were aggravated during active service or are otherwise related to military service.

The veteran's claims for service connection for residuals of exposure to mustard gas and malaria were granted. The claim for a back disorder was reopened with new evidence submitted, but the specific nature of the back condition remains unclear.