Hearing loss decisions — 2004

The Board denied the veteran's claims for increased evaluations for his service-connected conditions, including multiple joint pain, chronic fatigue with lightheadedness and dizziness, mood disorder with depression and parasomnia, degenerative disc disease at C6-7, and bilateral hearing loss. The effective date is not specified.

The veteran's claims for increased ratings and effective dates were all granted. The veteran was awarded a rating of 100 percent for PTSD, which meets the criteria for a total disability evaluation based on individual unemployability (TDIU).

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for a hearing disorder, including bilateral hearing loss. The May 1998 RO decision is considered final.

The Board denied the veteran's claims for service connection for bilateral hearing loss and initial disability ratings for right knee arthritis and sinusitis with a history of septoplasty. The veteran was not granted any new or material evidence to reopen his previously denied claim for service connection.

The Board found that the veteran's low back disability, bilateral hearing loss, tinnitus, hypertension, sinusitis, and right foot fracture were not incurred or aggravated during active service. The VA examinations did not provide sufficient evidence to establish a nexus between these conditions and service.

The VA denied an increased rating for bilateral hearing loss, finding that the veteran's current level of hearing impairment does not warrant a compensable evaluation.

The Board found no evidence of hearing loss or tinnitus during service, and the preponderance of the evidence is against a nexus between current bilateral hearing loss and any incident of service. As such, service connection for bilateral hearing loss was denied.

The veteran's claims for service connection are being remanded to the RO for further action, including scheduling hearings.

The Board found that the veteran's current bilateral hearing loss did not have its onset during active service or within any prescribed presumptive period and was not caused by in-service disease or injury, including noise exposure. As a result, the claim for service connection for bilateral hearing loss is denied.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that new and material evidence supports these claims. The veteran's exposure to noise during service is presumed.

The Board has denied a compensable evaluation for the veteran's service-connected radical mastoidectomy and hearing loss of the right ear, finding that the evidence does not warrant such an increase in disability rating.

The veteran's claim for an earlier effective date for a 10% evaluation of tinnitus has been granted, and the effective date is set at January 31, 2001.

The veteran's claim for an increased rating for his bilateral hearing loss is being remanded due to the need for additional audiological testing.

The Board has determined that additional records are needed from the Syracuse VA Medical Center to support the veteran's claims for service connection for bilateral hearing loss and scarred eardrums. The veteran is also advised of his right to submit any relevant evidence in his possession.

The Board found that new and material evidence had not been received to reopen the claim of entitlement to service connection for hearing loss. The RO previously denied this claim in December 1986, which is considered final. New evidence submitted since then does not relate to an unestablished fact necessary to substantiate the claim.

The appellant's service-connected bilateral hearing loss and tinnitus do not meet the criteria for a program of vocational rehabilitation training under Chapter 31, Title 38, United States Code.

The Board denied the veteran's claims for service connection for residuals of a right eardrum rupture and an evaluation in excess of 10 percent for bilateral hearing loss prior to February 12, 2004. The evidence did not support granting these claims.

The Board denied service connection for bilateral pes planus and hearing loss, but granted service connection for tinnitus. The veteran's pre-existing pes planus was not aggravated by service, while his in-service tinnitus is presumed to have been incurred.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, DIC under 38 U.S.C.A. § 1318, and eligibility for Dependent's Educational Assistance under 38 U.S.C.A., Chapter 35.

The Board found no evidence linking the veteran's hearing loss to service, including exposure to noise during combat in Vietnam. The veteran's pre-existing right ear hearing loss did not worsen during service.