Hearing loss decisions — 2007

The veteran's appeals for increased ratings and service connection have been withdrawn. The Board has determined that the veteran does not have current disabilities of the left shoulder, right elbow, low back, or hearing loss that are related to service. Additionally, there is no evidence of pes planus in either foot meeting criteria for a compensable rating.

The Board denied the veteran's claims for service connection for bilateral hearing loss, ear fungus, a nervous disorder, back spasms, and gastroesophageal reflux disease. The decision also granted service connection for dizziness with a 10 percent disability evaluation effective February 3, 2005, but denied an initial compensable rating for gastroesophageal reflux disease.

The veteran's appeal is being remanded due to scheduling issues for a hearing before the Board of Veterans' Appeals.

The VA denied the veteran's claims for an initial compensable evaluation for bilateral hearing loss and service connection for tinnitus. The Board found that the evidence did not support a finding of in-service noise exposure or a link between current tinnitus and service.

The Board found that the veteran's current hearing impairment and tinnitus are not related to his military service, as there is no evidence of a hearing loss disability during or within one year after separation from service. The VA audiologist concluded that the veteran's post-service noise exposure was more likely than not responsible for his current hearing impairment.

The Board denied service connection for bilateral hearing loss and determined that new and material evidence had not been received to reopen the claim of service connection for foot fungus.

The veteran's service-connected bilateral hearing loss is currently rated as noncompensably disabling. However, the July 2005 audiometric evaluation shows a numeric designation of II for the right ear and VIII for the left ear, meeting the criteria for a compensable evaluation (10%). The claimant was granted a 10% rating effective from January 16, 2003.

The veteran's death was not caused by a service-connected condition, and the appellant does not meet the eligibility requirements for DIC under 38 U.S.C.A. § 1318.

The veteran's bilateral hearing loss is rated as noncompensable. The lumbar spine disability was previously rated at 20% and has been increased to 40% effective June 1, 2005.

The Board has determined that the veteran does not have current hearing loss, tinnitus, anemia, sinusitis and strep throat, hypertension, or transient ischemic attacks (TIAs). The claim for chronic nerve and joint pain is granted. No service connection is established for CFS.

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

The Board has determined that the veteran's service-connected bilateral hearing loss does not warrant an evaluation in excess of 30 percent, and his claim for compensation under 38 U.S.C.A. § 1151 for residuals of total nail evulsion of the right great toe is denied.

The veteran's initial claim for an increased evaluation for bilateral hearing loss was denied. The Board found that the evidence did not warrant a rating in excess of 10 percent for the period between August 31, 2001 and March 1, 2005, and in excess of 20 percent beginning March 2, 2005.

The Board denied the veteran's claims for service connection for right ear disease, hearing loss, scrotal/groin disability, and headaches. The evidence did not establish a current disability related to service.

The Board finds that the veteran's current hearing loss and tinnitus are not related to his military service, as there is no evidence of any in-service injury or disease. The preponderance of the evidence does not support a finding of service connection for these conditions.

The Board denied the veteran's claims for increased ratings for her right ear hearing loss and dysthesia of the right fifth cranial nerve, finding that the evidence did not support a higher rating than the current 0 percent (noncompensable) evaluations.

The Board granted a 20% rating for the veteran's service-connected bilateral hearing loss, effective from January 30, 2007. The previous ratings were noncompensable.

The Board has ordered additional development of the veteran's claims, including obtaining VA treatment records and providing notice on how to submit new evidence. The case is remanded for further action.

The veteran's claims for service connection for bilateral hearing loss, a low back disability, and an increased rating for his right knee disability were denied by the RO.

The veteran's bilateral hearing loss was rated at 20 percent from January 22, 2005. The claim for a compensable rating prior to that date is denied.