Hearing loss decisions — 2001

The Board found no evidence of a nexus between the veteran's current hearing loss and his military service, including exposure to noise during service. The claim for service connection was denied.

The Board has determined that the appellant's claim for an effective date prior to March 19, 1997 for the grant of service connection for left ear hearing loss and tinnitus is denied.

The Board of Veterans' Appeals has determined that the veteran's current bilateral hearing loss is a continuation of damage sustained during his military service, and thus grants service connection for this condition.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection for bilateral hearing loss. If reopened, they will determine if service connection should be granted.

The veteran's service-connected disabilities prevented him from securing and maintaining gainful employment as of May 22, 1997. The effective date for the TDIU rating is set at this date.

The Board has granted a 10% rating for the appellant's bilateral fallen arches, finding that they result in mechanical foot pain. The claim for service connection of bilateral hearing loss is remanded due to lack of post-service evidence.

The Board has remanded the veteran's claims for hearing loss of both ears due to a lack of proper development and compliance with new VCAA requirements.

The VA denied the veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a relationship between his current hearing disability and his military service.

The Board denied the veteran's claims for service connection and initial disability ratings, finding that there was no evidence of a hearing loss during or subsequent to service. The hiatal hernia did not meet the criteria for an increased rating as it did not cause significant impairment of health. The genital herpes/postoperative laparoscopy, pelvic inflammatory disease were controlled with treatment.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for right ear hearing loss. The veteran's current right ear hearing loss is related to his hearing loss in service, and thus service connection is granted.

The veteran's service-connected disabilities do not result in an employment handicap, and he has successfully maintained employment consistent with his abilities, aptitudes, and interests.

The Board found that the veteran's hearing loss did not meet VA disability criteria and denied his claim. The initial rating for his lobectomy condition was also denied.

The Board denied increased evaluations for various service-connected conditions, finding that the evidence did not meet the criteria for higher ratings under either version of the applicable rating criteria.

The Board has determined that the veteran's bilateral hearing loss is attributable to in-service acoustic trauma and grants service connection for this condition.

The veteran does not have a legally cognizable hearing disability and therefore, service connection for hearing loss is denied.

The veteran's claim for service connection for gastric ulcers was denied as there is no evidence of a chronic condition in service or during the applicable presumption period. The claims for defective hearing and back disorder were not reopened due to lack of new and material evidence. The claim for an increased evaluation for appendectomy scar was also denied.

The veteran's claim for payment of medical services due to a supraventricular tachycardiac event on October 25, 1998 is granted. The Board finds that the emergency room physician's opinion regarding the existence of a medical emergency outweighs the VA reviewing physician's retrospective determination.

The Board has granted service connection for skin cancer and increased rating for bilateral hearing loss. The veteran's skin cancer claim is presumed due to in-service trauma, while his hearing loss claim remains at a noncompensable (zero percent) disability rating.

The Board has granted service connection for tinnitus, but the appeal on bilateral hearing loss remains pending.

The Board has determined that the veteran does not have a hearing loss disability as defined by VA standards, and therefore service connection for bilateral hearing loss is denied.