Hearing loss decisions — 2004

The veteran's claim for a compensable disability evaluation under 38 C.F.R. § 3.324 was denied as no basis exists for assignment of such based on multiple noncompensable service-connected disabilities.

The veteran's claim for an increased evaluation for his service-connected hearing loss disability is being remanded due to the need for additional clinical evidence, including a Maryland CNC controlled speech discrimination test score. The examiner should also clarify whether slurred speech or imbalance are separate disorders or part of the hearing loss disability.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that he does not meet the minimum percentage requirements and that his TDIU should be considered under the procedures set forth in section 4.16(b) for veterans who are unemployable by reason of service connected disability.

The Board denied the veteran's claim for an initial (compensable) rating for right ear hearing loss, finding that a zero percent evaluation is the highest rating warranted based on the evidence of record.

The Board found no evidence linking the veteran's current hearing loss to service, and denied his claim for service connection.

The Board denied the veteran's claims for service connection for hearing loss, tinnitus, eye disorder including glaucoma, lung disorder, and a disorder of the left hip or side. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further actions.

The veteran's claim for service connection for damaged eardrums and hearing loss is being remanded due to the need for a VA examination.

The Board found that the veteran's bilateral hearing loss had improved, warranting a reduction from a 30 percent disability evaluation to a 20 percent disability evaluation.

The Board found that the veteran did not timely file a Substantive Appeal for his claims of service connection for hearing loss and tinnitus, resulting in denial of jurisdiction to consider these claims on their merits.

The veteran is entitled to a total evaluation for hearing loss effective January 22, 2004. However, he is not entitled to an earlier effective date for TDIU due to the fact that it was not factually ascertainable that he was unable to secure or follow a substantially gainful occupation prior to October 6, 2003.

The Board has determined that the veteran's bilateral hearing loss does not warrant a compensable evaluation, as it falls within Level II of the VA's Schedule for Rating Disabilities.

The Board dismissed the appeal due to the appellant's withdrawal of his claims for service connection for a chronic acquired eye disorder, hearing loss, and an increased evaluation for DJD of the cervical spine at C5-6.

The Board found that there was no clear and unmistakable error in the August 7, 1991 rating decision denying service connection for bilateral hearing loss secondary to a perforated left eardrum.,An effective date prior to June 16, 1999, for the grant of service connection for bilateral hearing loss was not warranted.

The Board has granted an initial 40 percent rating for bilateral hearing loss effective December 12, 2001.

The Board denied service connection for a cervical spine disorder, and denied compensable ratings for residuals of a shell fragment wound of the right shoulder and bilateral hearing loss.

The Board has determined that the veteran does not have a current ruptured right ear drum or hearing loss of the right ear, and thus service connection for these conditions is denied.

The VA denied the veteran's claim for an initial compensable evaluation for bilateral hearing loss, finding that his average pure tone thresholds were 55 decibels bilaterally and speech recognition ability was 92 percent in the right ear and 96 percent in the left ear. This equates to Level I hearing loss in both ears, warranting a zero percent evaluation.

The Board denied the veteran's claim for an increased evaluation for his bilateral hearing loss disability, finding that the evidence did not warrant a compensable rating.

The Board denied an increased evaluation for service-connected bilateral sensorineural hearing loss, finding that the veteran's impairment is manifested by Level V hearing in both ears and thus warrants a 20 percent rating.