Hearing loss decisions — 2006

The Board has determined that the appellant's initial compensable rating for bilateral hearing loss is not established based on the audiometric test results provided.

The VA has determined that the veteran's bilateral hearing loss disability warrants a 20 percent evaluation, which is the maximum available under the rating schedule. The evidence does not support an increase in this evaluation.

The veteran's claim for a schedular evaluation in excess of 10 percent for tinnitus was denied as there is no provision for separate ratings for each ear. The veteran's claim for TDIU due to service-connected disabilities was also denied because the evidence did not show he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

The Board found that the veteran's low back disorder and bilateral hearing loss were not incurred or aggravated by service, and thus denied both claims.

The Board has determined that new and material evidence was received to reopen the veteran's claim for service connection for bilateral hearing loss. The Board also found that the medical evidence is in equipoise, granting service connection based on noise exposure during service.

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

The Board found no evidence of a current bilateral hearing loss related to service and denied the veteran's claim.

The Board has denied the veteran's appeals for higher ratings for his solar retinopathy of the right eye and right ear hearing loss, finding that the evidence does not meet the criteria for a higher rating under applicable VA regulations.

The Board found no evidence of a current psychiatric disability, head injury, or hearing loss related to military service. The veteran's claims for these conditions were denied.

The VA determined that the veteran's bilateral hearing loss disability, as evidenced by average puretone thresholds of no worse than Level II in both ears and good speech recognition, does not warrant a compensable rating.

The Board has determined that the veteran's current bilateral hearing loss is related to his military service, and thus service connection for this condition is granted.

The Board has reopened the claim of service connection for bilateral hearing loss due to new and material evidence. However, the claim is denied as there is no evidence linking the current hearing loss to service. The inguinal hernia issue remains unresolved.

The veteran's initial claim for higher ratings for bilateral hearing loss and tinnitus was denied, as the RO assigned a noncompensable rating. The claims for service connection of left foot, leg (knee), and ankle conditions were also denied.

The Board has determined that an initial compensable rating for the veteran's service-connected bilateral hearing loss is not warranted as a matter of law.

The Board has determined that the veteran does not have current diagnoses of bilateral hearing loss, tinnitus, left ankle disability, residuals of frostbite to the hands and feet, or diabetes mellitus. Therefore, service connection for these conditions is denied.

The Board has determined that the veteran's bilateral hearing loss did not manifest in service or within one year of separation from service, and is not shown to be causally related to his military service. As such, the claim for service connection for bilateral hearing loss is denied.

The veteran's appeal is being remanded to the RO for additional development, including scheduling a VA examination and providing proper notice of his rights under the VCAA.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA treatment records. The veteran's stressor allegations will also be verified, and he will undergo appropriate examinations to determine the nature of his current disabilities.

The Board denied a compensable disability rating for the veteran's service-connected bilateral hearing loss, finding that his test results did not warrant such a rating.

The veteran's squamous cell carcinoma of the tongue, tonsil, mandible and oropharyngeal wall is granted service connection due to herbicide exposure. The veteran's hearing loss in the right ear is not rated as compensable.