Hearing loss decisions — 2002

The Board has determined that the veteran is entitled to a noncompensable rating for bilateral defective hearing prior to May 11, 1999 and no more than 20 percent from May 11, 1999.

The veteran's appeal is for a higher rating for his service-connected bilateral hearing loss. The case has been remanded to the RO to schedule a Board videoconference hearing.

The VA denied the veteran's claims for a compensable evaluation for bilateral hearing loss and an increased evaluation for lumbosacral strain with narrowing of L5-S1, finding that neither condition warranted such evaluations based on current medical evidence.

The Board denied the veteran's claim for a compensable rating for his bilateral hearing loss disability due to his failure to report for a scheduled VA examination.

The Board has determined that the veteran's bilateral hearing loss and tinnitus warrant an initial rating of 10 percent, as both conditions are evaluated under a direct service connection theory.

The Board has determined that the veteran's right ear hearing loss and bilateral tinnitus are not service-connected, as there is no evidence of a nexus between his current conditions and his military service.

The Board has determined that the veteran's bilateral hearing loss does not warrant a rating in excess of 40 percent, as his current findings do not meet the criteria for an increased rating.

The VA denied the veteran's claims for an initial compensable rating for bilateral hearing loss and a higher initial rating for tinnitus. The most severe level of hearing impairment recorded was Level II in the right ear and Level III in the left ear, which does not meet the criteria for a compensable evaluation.

The Board denied the veteran's claims for service connection for left ear hearing loss and restoration of a 20 percent rating for right ear hearing loss, finding that the evidence did not support these claims.

The Board finds that the veteran's hearing loss is not due to disease or injury which was incurred in or aggravated by active service, and thus denies his claim for service connection.

The Board granted service connection for the veteran's lumbosacral strain and assigned a 10 percent evaluation effective from June 1, 1965. The RO also granted service connection for degenerative disc disease of L4-S1 with radiculopathy and assigned a 40 percent evaluation effective from May 15, 1997. The veteran's fractured left fibula was rated as noncompensable. Bilateral hearing loss was not considered due to lack of evidence.

The veteran's claims of service connection for bilateral hearing loss and tinnitus were granted in a May 2002 rating decision.

The Board denied the veteran's claim for service connection for bilateral hearing loss, finding that his auditory thresholds did not meet the criteria for a disability as defined by VA regulations.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim for service connection for hearing loss, which was previously denied in January 1999.

The veteran's service-connected and 38 U.S.C.A. § 1151 disabilities substantially contributed to his death from congestive heart failure, which was the immediate cause of death.

The veteran's claim for an increased rating for bilateral hearing loss and a retroactive effective date for tinnitus were denied. The Board found no evidence of more severe hearing impairment or new evidence to reopen the tinnitus claim.

The Board found that the veteran's hearing loss was not incurred or aggravated by service, and thus denied his claim for service connection.

The Board denied the appellant's request to reopen his claim of service connection for bilateral hearing loss, finding that the new evidence submitted did not provide a basis to establish service connection.

The Board has determined that the veteran's service-connected conditions do not render him unable to secure and follow a substantially gainful occupation, thus denying his claim for total disability rating based on individual unemployability.

The Board has determined that the veteran's current bilateral hearing loss is more likely than not related to his periods of active duty for training (ACDUTRA) during which he was exposed to loud noises, leading to a finding in favor of service connection.