Hearing loss decisions — 2006

The Board has determined that new and material evidence has been received to reopen the claims for service connection for bilateral hearing loss, tinnitus, hiatus hernia with reflux and vascular calcification of abdomen, urethritis, squamous papilloma (claimed as nose cancer), headaches, hemorrhoids, ankle and leg weakness, neck pain, hypertension, heart disability, diabetes mellitus, and multiple cancers. However, the claims are not granted due to lack of evidence linking these conditions to service or any incident thereof.

The Board found that the veteran's right ear hearing loss warrants a ten percent disability rating, which is the current assigned rating. Therefore, the claim for an increased rating was denied.

The veteran's claims for service connection for bilateral hearing loss disability and right knee disability, to include arthritis, are being remanded due to the need for additional development including obtaining medical records and providing the veteran with proper notice.

The Board has determined that the veteran does not have a current bilateral hearing loss disability or tinea versicolor, and there is no competent evidence linking these conditions to service. Therefore, the claims for service connection are denied.

The Board denied the veteran's claims for service connection for bilateral hearing loss and hypercholesterolemia, and granted an initial evaluation of 40 percent for diabetes mellitus. The effective date remains to be determined.

The Board has determined that the veteran's hearing loss and tinnitus are not related to his active duty service, and thus denied both claims.

The veteran's claims for increased ratings and service connection are being remanded to allow for additional development of his medical records.

The Board denied the claim for an effective date prior to December 21, 1984 for bilateral hearing loss as the veteran's initial claim was denied in January 1971 and no new claims were filed within one year of that denial.

The Board found no competent medical evidence of current bilateral hearing loss or tinnitus, and thus denied the appellant's claims for service connection.

The Board found that the veteran's hearing loss disability did not manifest during service or for many years thereafter, and thus could not be presumed to have been incurred in service. The evidence showed no hearing loss during active duty, and current hearing loss was not shown until over 36 years after discharge.

The Board has granted the veteran's petition to reopen his claim for service connection for right ear hearing loss with scars of the ear drum. The case is being remanded to the RO for further development and adjudication.

The Board has determined that there is no evidence of in-service acoustic trauma or other incident that could have caused the veteran's current hearing loss and tinnitus. As a result, service connection for these conditions cannot be granted.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are related to his active military service, granting service connection for these conditions.

The veteran's death was not service-connected, but the Board found that he did not meet the criteria for entitlement to DIC under 38 U.S.C.A. § 1318 as his disability had not been rated at 100% for ten years prior to his death.

The Board denied the veteran's claims for increased rating for bilateral hearing loss, service connection for sleep apnea, and service connection for asbestosis. The veteran's service-connected conditions were not related to his active duty service.

The Board has remanded the case due to the need for additional medical examinations to determine the etiology of the veteran's current hearing loss and bilateral hip condition.

The Board has reopened the veteran's claim of service connection for an ear condition and hearing loss. The claims of service connection for residuals of a cold injury to the feet, arthritis of the hands, shoulders, and back are addressed in the REMAND portion of the decision.

The Board has determined that additional development is needed to determine the nature and etiology of any current low back disability and right ear hearing loss, as well as whether service connection should be granted for these conditions. The veteran will need to undergo VA examinations to address these issues.

The Board denied service connection for peptic ulcer disease, arthritis, and hearing loss as there was no competent evidence linking these conditions to the veteran's military service or within one year of separation.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of these claims.