Hearing loss decisions — 2007

The Board found that the veteran's hearing loss was not incurred in or aggravated by service and denied his claim.

The veteran's bilateral hearing loss is service-connected, but he does not have a current diagnosis of tinnitus.

The VA determined that the veteran's bilateral hearing loss does not warrant a rating in excess of 40 percent.

The Board has granted a rating of 40 percent for the veteran's service-connected right ankle disability, which is the maximum schedular evaluation available under VA regulations. The issue of a compensable evaluation for bilateral hearing loss and the TDIU claim are pending.

The Board found that any current Mônière's disease was not caused or chronically worsened by the veteran's service-connected conditions, including chronic bilateral otitis media or externa, bilateral hearing loss, tinnitus, dizziness/vertigo associated with chronic bilateral otitis media or externa, and headaches. Therefore, service connection for Mônière's disease is not established.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need for aid and attendance or housebound status.

The Board found that the veteran's hearing loss and tinnitus were not incurred in or aggravated by service. The right shoulder disability and residuals of pneumonia claims are also denied.

The Board denied the veteran's claims for service connection for bilateral hearing loss and residuals of circumcision. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate these claims, and that the veteran does not have hearing loss as defined by VA standards.

The Board has determined that the VA's duties to notify and assist have not been fulfilled for this issue, and thus the case is being returned to the RO/AMC for further development.

The Board denied service connection for PTSD, diabetes mellitus, a gunshot wound to the left knee, residuals of open heart surgery with titanium plates, and bilateral hearing loss. The veteran's claims were based on his claimed in-service stressors as a POW in North Korea, but there was no credible evidence supporting these claims.

The Board denied the petitions to reopen claims for service connection for bilateral sensorineural hearing loss and a mental disorder, finding no new and material evidence. The veteran's current conditions are not linked to his active service.

The Board denied the veteran's claims for service connection for amnesia and bilateral hearing loss, finding no current diagnosis of amnesia and noting that his hearing loss did not meet VA standards.

The Board found no evidence of left ear hearing loss during service or within one year post-service, and the current hearing loss was not shown to be related to military noise exposure. Therefore, service connection for left ear hearing loss is denied.

The Board has determined that the veteran's hearing loss in both ears was not incurred or aggravated by service and denied his claims for service connection. The claim for an initial evaluation of 0 percent for hearing loss in the left ear is pending.

The Board found that the veteran's bilateral hearing loss disability warranted a 10 percent rating prior to April 17, 2007 and a 20 percent rating from April 17, 2007. The effective date for the increased ratings was not addressed in this decision.

The veteran's appeal has been dismissed due to his death. The Board cannot adjudicate the merits of this claim as it is no longer in a jurisdictional state.

The veteran's claim for a rating in excess of 20 percent for bilateral hearing loss was denied, and his attempt to reopen the pes planus claim was also denied.

The veteran's hearing acuity is rated at Level II in the right ear and Level IV in the left ear, resulting in a noncompensable disability rating for bilateral hearing loss.,The veteran's service-connected GERD with esophagitis does not meet the criteria for a 30 percent evaluation due to less severe symptoms such as pain, vomiting, material weight loss, hematemesis or melena, and moderate anemia.

The veteran's service connection for allergic rhinitis, claimed as sinusitis, was denied.,PTSD was granted with a 30% rating from June 30, 2003 through March 2, 2004 and a 10% rating from March 3, 2004 to October 29, 2006. The effective date for service connection was not granted.,Tinnitus was denied as an initial compensable rating.

The Board has granted service connection for bilateral hearing loss but denied service connection for degenerative changes of the lumbar spine. The veteran's current conditions are unrelated to his military service.