Hearing loss decisions — 2007

The veteran's claims for service connection were denied during his lifetime. The appellant is seeking DIC benefits under 38 U.S.C.A. § 1318, but the claim is denied as there was no entitlement to receive compensation at the time of death.

The veteran withdrew his appeal for service connection of a left lung condition and bilateral hearing loss, as well as the claim regarding CUE in the February 1970 rating decision. The claims are therefore dismissed.

The veteran's claims for service connection for degenerative joint disease of the cervical spine, right ear hearing loss, and prostate cancer were denied as there is no competent evidence linking these conditions to his military service.

The Board has determined that the veteran does not meet the criteria for service connection for left ear hearing loss, hypoglycemic attack, or memory loss. The RO assigned a maximum disability rating of 40 percent for fibromyalgia with headaches, sleeplessness, fatigue, and diffuse multiple joint pain, which is the highest schedular evaluation available under Diagnostic Code 5025.

The Board denied service connection for right ear hearing loss and left ear infection, finding no link between the conditions and active service.,An initial compensable evaluation for left ear hearing loss was also denied.

The Board has restored the veteran's 10% disability rating for his service-connected hearing loss, finding that the reduction was improper due to insufficient evidence of improvement in his hearing loss.

The Board denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding no evidence of such conditions in service or within one year after separation. The Board also found that there was not sufficient medical evidence to link current hearing loss and tinnitus to military service.

The Board has determined that the veteran does not meet or nearly approximate the criteria for a compensable rating for his service-connected bilateral hearing loss, and thus denied the claim.

The Board has granted service connection for bilateral hearing loss and assigned a 20% evaluation for the veteran's right ankle disorder. The issues of increased rating and service connection have been resolved in favor of the veteran.

The veteran's claims for service connection for PTSD, chloracne (claimed as resulting from herbicide exposure), and left ear hearing loss have been denied. The RO has obtained all relevant evidence necessary for an equitable disposition of the veteran's appeal.

The veteran's appeal for increased ratings for tinnitus and bilateral hearing loss was dismissed due to the appellant's withdrawal of his appeal for tinnitus. The RO has obtained all relevant evidence necessary for an equitable disposition of the remaining issue, which is a claim for an increased rating for bilateral hearing loss.

The veteran's initial claim for a higher rating for bilateral hearing loss was denied from February 6, 2004 to May 1, 2006. Since May 2, 2006, the veteran received a 40% rating for his service-connected bilateral hearing loss.

The VA determined that the appellant's service-connected bilateral hearing loss disability does not warrant a compensable rating at any point during the appeal period.

The Board denied the veteran's claims for service connection for hearing loss and tinnitus, finding that there was no evidence linking these conditions to his military service.

The Board has determined that the veteran's right ear hearing loss is service-connected, but his left ear hearing loss is not. The right ear hearing loss was found to be due to noise exposure during service.

The Board has determined that the veteran's bilateral hearing loss is related to his active service, and therefore grants service connection for this condition.

The Board denied service connection for a skin disorder, muscle deterioration, fainting spells, and chronic bladder infection. Service connection for bilateral hearing loss is pending.

The veteran's claims for increased evaluations of hypertension and bilateral hearing loss, as well as his claim for a total rating based on individual unemployability due to service-connected disability, are being remanded for additional development.

The Board found that the veteran's current bilateral hearing loss and tinnitus are not related to his military service, including noise exposure. The evidence does not support a finding of in-service incurrence or aggravation of these conditions.

The Board has determined that service connection is not warranted for bilateral hearing loss disability, tinnitus or PTSD. The veteran does not have these conditions and the evidence does not support a finding of in-service incurrence or aggravation.