Hearing loss decisions — 2005

The Board denied service connection for bilateral hearing loss and tinnitus, finding that the evidence did not establish a link to military service or any other condition.

The Board found that the veteran's bilateral hearing loss was not incurred in or due to active service and may not be presumed. The evidence did not support a conclusion that his hearing loss is causally related to his military service.

The Board has denied the veteran's claims for a compensable rating for bilateral hearing loss prior to June 24, 2002 and a rating in excess of 10 percent for bilateral hearing loss beginning June 24, 2002.

The Board denied the veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of hearing loss during or within one year after service and concluding that current hearing loss is not related to military service.

The Board has denied the veteran's claims for service connection for diabetes mellitus, bilateral hearing loss, and tinnitus as there is no evidence of their onset or development during active duty. The Board also found that the veteran did not serve in Vietnam and thus could not establish presumptive service connection based on herbicide exposure.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and his petition to reopen a previously denied claim for service connection for panic attacks and depression. The denial is on the merits of the reopened claim, but the decision is mixed as it also denies the original claim.

The Board has determined that the veteran's claimed conditions of bilateral hearing loss, tinnitus, and otitis media are not related to his military service.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, a low back disability, and conjunctivitis of the left eye. The evidence does not establish that these conditions were incurred or aggravated by active military service.

The Board denied the veteran's claims for service connection for bilateral hearing loss and low back disability. The claim for bilateral hearing loss was denied due to lack of evidence showing in-service or post-service causation, while the claim for low back disability was denied as there was no medical nexus linking the current condition to service.

The Board denied the veteran's claim for service connection for bilateral hearing loss disability as there was no evidence of a recognized hearing loss disability.

The veteran's service-connected tinnitus is found to be the cause of his headaches. The initial compensable rating for bilateral hearing loss prior to March 22, 2005 has been granted, and a noncompensable rating remains on and after that date.

The Board finds that the evidence supports the veteran's claim for service connection for left ear hearing loss, as it is at least in equipoise with the conflicting evidence.

The Board has reopened the veteran's claim for service connection for bilateral hearing loss due to new and material evidence. The claims for residuals of a left eye injury are remanded for further development.

The Board has determined that the veteran's October 2000 substantive appeal to the June 19, 1999 rating decision was timely filed. The Board also found that the veteran did not submit a timely substantive appeal of the January 3, 1996 rating decision; thus, the Board does not have jurisdiction to consider an appeal stemming from that rating decision.

The veteran's claim for an earlier effective date for the grant of service connection for bilateral hearing loss is denied as there is no legal basis to award such a date.

The Board has denied the veteran's claims for an increased rating for otitis media of the left ear and service connection for gout and bilateral hearing loss. The decision also notes that additional evidence is needed to determine if there is a relationship between noise exposure during service and the development of sensorineural hearing loss.

The Board has denied the veteran's request for an earlier effective date of April 11, 2001, for service connection of right ear hearing loss and tinnitus. The claim was filed on that date, and there is no evidence indicating a prior claim or entitlement to these conditions within one year of separation from military service.

The veteran's service-connected disabilities, including bilateral sensorineural hearing loss and tinnitus, do not preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the veteran does not have a current hearing loss disability in his left ear, and thus cannot establish service connection for this condition. The back disorder and right shoulder disorder are also denied as there is no evidence of an in-service injury or disease.

The Board has determined that the veteran's claim for a compensable rating for bilateral hearing loss is denied. The evidence does not meet the criteria for a compensable rating under VA regulations.