Hearing loss decisions — 2007

The VA has denied a compensable rating for the veteran's service-connected bilateral hearing loss.

The Board has determined that the veteran's bilateral hearing loss does not warrant an initial compensable rating.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment, given his education and prior work experience.

The Board has determined that the preponderance of the evidence is against the claim for a compensable evaluation for bilateral hearing loss. The veteran's service-connected bilateral hearing loss is currently manifested by Level I hearing loss in both ears, and he does not meet the criteria for a compensable rating.

The Board has determined that the veteran's service-connected disabilities, including bilateral central serous retinopathy and other conditions, do not prevent him from securing or following a substantially gainful occupation.

The veteran's lung condition, left ear hearing loss, and right ear hearing loss are all found to be service-connected.,Residuals of the veteran's left eye injury are also found to be service-connected.

The Board denied the veteran's claims for service connection for right ear hearing loss and an initial compensable rating for left ear hearing loss, finding that there was no evidence of a current disability in either ear meeting VA standards.

The veteran's claims for increased ratings for headaches and left ear hearing loss, as well as his claim for service connection for facial asymmetry were all denied. The Board found that the veteran did not have a diagnosis of multi-infarct dementia related to his brain trauma from service, and his MRI was negative. For his left ear hearing loss, he does not meet the criteria for a compensable rating under VA's tables for evaluating impaired hearing. Regarding facial asymmetry, there is no medical evidence showing that it is due to an event in service.

The veteran's appeal is being remanded for additional development, including obtaining an audiological evaluation and a VA examination to determine the nature and etiology of his acne. A new VA examination is also needed to assess the severity of his service-connected kidney stones with hematuria.

The veteran's service records do not show a diagnosis of chronic fatigue disorder. The VA examiner found insufficient evidence to diagnose the veteran with this condition.,There is no current evidence of bilateral hearing loss disability that meets VA criteria for qualification as a disability.

The Board has determined that the veteran did not incur bilateral hearing loss, hemorrhoids, or headaches due to trauma in service. The claims are denied.

The Board has denied the veteran's claims for service connection for left ankle disability, bilateral hearing loss, psychiatric disability, and bilateral leg disorder due to lack of evidence linking these conditions to his military service.

The Board has remanded the case for further development, including an audiological examination to determine if the veteran has any hearing disorders and whether they are related to active military service or due to post-service employment.

The RO granted a 20 percent rating for bilateral hearing loss effective January 18, 2006. The veteran's tinnitus was already assigned the maximum schedular evaluation of 10 percent.

The Board has determined that the veteran does not have current bilateral hearing loss disability as defined by VA regulations, and thus service connection for this condition is denied. For PTSD, additional development is needed due to conflicting stressor information provided by the veteran.

The veteran's claim for an increased rating for his bilateral hearing loss is being remanded due to the need for additional evidence and a reconsideration of the case.

The Board has determined that additional development is needed to address the merits of the veteran's claim for an increased rating for service-connected bilateral hearing loss. The case is therefore REMANDED for further action.

The Board denied the veteran's claim for an earlier effective date of TDIU due to his abandonment of a previous claim and because he was not found unemployable before May 3, 1995.

The Board denied the veteran's claims for service connection for a back disability, asthma, hypertension, and bilateral hearing loss disability. The claim of reopening the emphysema with bronchitis was also denied.

The veteran's death was not caused by a service-connected disability, and the statutory criteria for DIC benefits under 38 U.S.C.A. § 1318 were not met.