Hearing loss decisions — 2004

The Board has remanded the case due to incomplete service records and the need for additional medical evidence. The claim for service connection for right ear hearing loss will be reconsidered.

The Board has denied the veteran's claims for service connection for right ear hearing loss and left ear hearing loss, as well as his claim for an increased rating for PTSD. The veteran's claim for tinnitus was granted. No decision was made on the TDIU claim.

The Board denied the veteran's claims for service connection for back disorder, shoulder disorder (unspecified), neck disorder, and left ear hearing loss. The Board also found that no new and material evidence had been submitted to reopen claims of service connection for headaches and hypertension. Additionally, the Board denied a claim for an initial evaluation in excess of 30 percent for PTSD and a claim for an initial evaluation in excess of 10 percent for bilateral tinnitus.

The VA denied the veteran's claim for an initial compensable evaluation for bilateral hearing loss, finding that the schedular criteria were not met.

The Board denied the veteran's claims for service connection for heart disease, right ankle disorder, sinus disorders, bilateral hearing loss, and hemorrhoids.

The veteran's claim for PTSD was denied an effective date prior to October 4, 1996.,The veteran's claim for lumbosacral strain and disc disease was denied an effective date prior to June 8, 1995.,The veteran's claims for hearing loss of the right ear and tinea cruris were both denied an effective date prior to January 1, 1994.

The Board denied the veteran's claim for an earlier effective date for a 40 percent evaluation of his service-connected bilateral hearing loss, finding that it was not factually ascertainable that the condition increased to the required level within one year prior to June 28, 2002.

The Board has determined that the claimant's right ear hearing loss is a residual of a perforated right tympanic membrane incurred during active duty in Vietnam. Service connection for this condition is granted.

The veteran's death was due to hypertensive arteriosclerotic cardiovascular disease. At the time of his death, he had service-connected disabilities rated at 90 percent combined evaluation. The Board found that DIC benefits under 38 U.S.C.A. § 1318 were not met as the veteran did not meet the criteria for a 100% total rating due to service-connected disability continuously for ten years prior to death or five years from discharge.

The Board denied the appellant's claims for service connection and a rating increase, finding no evidence to support these claims based on the veteran's service records.

The veteran's appeal is being remanded for further development due to the unavailability of his service medical records and a need to provide additional evidence.

The veteran's claim for a higher rating for his service-connected bilateral hearing loss is being remanded to the RO for further action, including scheduling a hearing before an RO Decision Review Officer.

The Board denied the veteran's claim for an earlier effective date for service connection due to bilateral hearing loss and tinnitus, finding that the correct effective date is May 10, 2001.

The Board denied the veteran's claim for an initial compensable rating for his service-connected bilateral hearing loss, finding that the evidence did not meet the criteria for a higher evaluation.

The Board found no evidence of a hearing loss disability during service and concluded that the veteran's current hearing loss is not related to his military service. The claim for service connection was denied.

The veteran was granted service connection for PTSD and right ear hearing loss, with the former being caused by acoustic trauma in service.

The veteran's service-connected disabilities, including PTSD, post-gastric resection, and bilateral hearing loss, result in a combined disability evaluation of 60 percent. However, the Board denied his claim for TDIU as his conditions do not prevent him from performing all kinds of substantially gainful employment.

The Board has granted a higher rating of 40 percent for the service-connected bilateral hearing loss, effective as of November 2002.

The Board has remanded the case for additional development, including obtaining service personnel records and scheduling a VA examination to determine the etiology of the veteran's bilateral hearing loss. The claim will be reviewed again after this additional development.

The Board has remanded the case due to incomplete VCAA notice and the need for additional evidence, including VA treatment records from Charleston, South Carolina, and Social Security Administration records.