Hearing loss decisions — 2006

The veteran's claim for a higher rating and earlier effective date for bilateral hearing loss disability was denied. The Board found that the current evaluation of 20% is correct, and there was no evidence of an intent to file a claim prior to July 15, 2003.

The Board found that the veteran's bilateral hearing loss and tinnitus are not related to his service, as there was no evidence of hearing loss or tinnitus in service. The VA examiners concluded that the current conditions are more likely due to post-service noise exposure and natural aging.

The Board has reopened the claim for service connection for hearing loss and granted it. The claim for diabetes mellitus was denied as there is no current evidence of the disability.

The Board has remanded the claims for service connection for hearing loss and tinnitus due to new evidence submitted by the veteran.

The Board has determined that the veteran's service-connected bilateral hearing loss warrants a rating of 10 percent, which is the maximum schedular rating available. Therefore, an initial rating in excess of 10 percent for bilateral hearing loss is denied.

The Board found that the veteran's hearing loss was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The claim for tinnitus is REMANDED.

The Board has denied the veteran's claim for a rating in excess of 10 percent for his service-connected bilateral hearing loss.

The Board denied the veteran's claims for increased ratings and service connection, finding that his bilateral hearing loss warranted a noncompensable evaluation. The other issues were not addressed due to pending appeals.

The Board has determined that the veteran's bilateral hearing loss warrants a rating of 40 percent, effective from March 10, 2005.

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

The Board found no evidence of a nexus between the veteran's current left ear hearing loss and his service, as the medical opinion was that it is more likely related to presbycusis (hearing loss due to aging). The claim for service connection for left ear hearing loss is therefore denied.

The Board has determined that the veteran's right ear hearing loss does not meet the criteria for a compensable rating under VA's schedular guidelines.

The veteran's bilateral hearing loss has been rated at 60% since September 24, 2003.

The veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support an increased evaluation for bilateral hearing loss or a separate evaluation of sciatica as a neurological component of traumatic degenerative joint disease of the lumbar spine, nor did it support service connection for right and left leg disorders.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has granted a 20 percent evaluation for the veteran's service-connected bilateral hearing loss, effective June 28, 2002.

The Board denied the veteran's claims for an initial compensable rating for bilateral hearing loss and a schedular evaluation in excess of 10 percent for bilateral tinnitus, finding that there is no legal basis to award separate ratings for each ear for tinnitus.

The veteran's appeal for increased ratings for bilateral tinnitus and hearing loss disability was denied as there is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus, and the criteria for a compensable rating for bilateral hearing loss disability have not been met.

The veteran's diabetes mellitus, type II, is rated at 40 percent. Right ear hearing loss was found to be incurred in service. Left ear hearing loss was not found to be incurred or aggravated by service.

The Board has granted service connection for tinnitus, finding that it is at least as likely as not attributable to the veteran's service-connected left ear hearing loss. The remaining issues on appeal are being remanded for additional development.