Hearing loss decisions — 2001

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

The veteran's service-connected bilateral hearing loss is rated at 10 percent, which is the maximum schedular rating available. The Board denied a higher rating as there was no evidence to support such an increase.

The Board has determined that the veteran's bilateral hearing loss warrants a 50 percent evaluation from March 24, 2000 under both the old and new rating criteria. This is based on his current audiometric results.

The Board has reopened the veteran's claim of entitlement to service connection for right ear hearing loss, but a remand is required to obtain additional medical evidence and determine if service connection should be granted.

The veteran's appeal for service connection for lower extremity jerking was dismissed as no timely substantive appeal was filed.

The Board has determined that the veteran's bilateral hearing loss is service-connected, with all reasonable doubt resolved in favor of the veteran.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA audiological examination to determine the nature, extent, and etiology of any bilateral hearing loss and tinnitus diagnosed. The RO must ensure all notification and development action required by the VCAA are completed.

The veteran's death occurred after December 1, 1962. The VA awarded him a 100% disability rating for his service-connected bilateral hearing loss from December 18, 1987 until his death in December 1997. Since there were no unpaid benefits due and unpaid during the two-year period prior to his death, the appellant is not entitled to accrued benefits.

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

The Board has remanded the case for further development, including a VA examination and consideration of an extraschedular rating.

The veteran's claim for an earlier effective date for service connection of bilateral hearing loss is denied as the Board found that entitlement to such a benefit prior to December 22, 1994 is not warranted.

The Board has granted service connection for left ear hearing loss and found that it was aggravated during service. Service connection for cellulitis is denied as the condition resolved without leaving residual disability. The vasectomy-related disability is also denied. For Morton's neuroma, a non-compensable evaluation is assigned.

The veteran's hearing loss and tinnitus are found to be related to service exposure, while the liver disorder is not considered secondary to his seizure disorder.

The VA has made reasonable efforts to assist the veteran in obtaining evidence necessary to substantiate his claim. However, there is no evidence that the veteran's bilateral hearing loss is related to service or any event of service.

The veteran's claims for shin splints, pes planus, and hearing loss were denied by the RO in May 1999. The case is being remanded due to changes in the law.

The Board denied the veteran's application to reopen his claim for service connection for hearing loss, finding that the evidence submitted since the 1993 decision was not new and material.

The Board has dismissed the veteran's appeals for service connection due to lack of jurisdiction, as there were no timely substantive appeals filed.

The veteran's appeal was denied as his increased evaluations for anxiety neurosis with headaches and hearing loss of the left ear were not granted. The RO found that a noncompensable evaluation was appropriate for his left ear hearing loss.

The veteran's claims for service connection for residuals of a head injury, residuals of a back injury, hearing loss and a psychiatric disability were denied as not well grounded.

The VA Regional Office denied the veteran's claims for service connection for bilateral hearing loss and tinnitus due to a lack of evidence in service records. The decision is being remanded as there has been a significant change in the law regarding the duty to assist veterans.