Hearing loss decisions — 2007

The veteran's appeal is being remanded to the RO in Portland, Oregon for scheduling a hearing. The case will be returned to the Board after the hearing.

The appeal has been dismissed as the appellant requested to withdraw his appeal.

The Board has granted a higher initial disability rating of 20 percent for bilateral hearing loss effective from August 28, 2006. The veteran's service-connected bilateral hearing loss was previously rated as 0 percent and later increased to 10 percent.

The Board has granted the veteran's claims for service connection for bilateral hearing loss and bilateral tinnitus, finding that these conditions are related to exposure to acoustic trauma during his military service.

The Board has found that the veteran's nonservice-connected dementia prevents him from working, but it is unclear if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation. The RO must obtain medical opinions on whether the veteran's service-connected disabilities prevent him from obtaining and maintaining such employment.

The Board denied service connection for hearing loss and tinnitus, finding that the appellant did not have current right ear hearing loss disability as defined by VA standards. The claim was denied.

The veteran's current hearing loss and tinnitus were not incurred in or aggravated by active service, and his sinus disability was not related to service exposure. The claims for these conditions have been denied.

The veteran's appeal for an initial compensable rating for bilateral hearing loss has been withdrawn, resulting in the dismissal of the case.

The Board has found that a VA examination is needed to determine the nature, severity and etiology of the veteran's ear-related disorders. The case will be remanded for this purpose.

The Board has found the appellant's testimony concerning his service noise exposure to be credible and established that he currently has bilateral hearing loss disability for VA compensation purposes. Two private medical opinions link the appellant's current hearing loss disability to noise exposure during active service, leading to a grant of service connection.

The Board has determined that additional development is necessary to fully consider the veteran's claims for service connection, including obtaining missing Air Force medical records and seeking alternative sources of evidence. The VA will also obtain any relevant treatment records from private physicians and facilities.

The veteran's tinnitus disability is rated at the maximum allowable under VA regulations.,His bilateral hearing loss does not warrant a compensable rating based on current VA criteria.,Residuals of removal of foreign objects from his left eye do not meet the criteria for a compensable rating.,There is no evidence to support service connection for a gastrointestinal disability or low back disability.,The veteran's low back and gastrointestinal disabilities are not related to his active duty service.

The Board has determined that the veteran's bilateral sensorineural hearing loss does not meet the criteria for a compensable rating, and thus denied his claim.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are not service-connected as they did not manifest within one year of his separation from active duty, and there is no evidence linking these conditions to his military service.

The Board denied the veteran's claim for service connection for bilateral hearing loss in an August 1993 decision, finding that there was no evidence of a current disability. The RO has since reopened the claim but did not find new and material evidence to support it.

The Board has remanded the case for additional development, including a new VA examination to assess the veteran's hearing loss and tinnitus from November 1991 to November 1999. The veteran is also notified of his right to submit additional evidence and argument.

The Board denied the veteran's claims for an initial rating higher than 40 percent for residuals of prostate cancer and a compensable rating for bilateral hearing loss.

The Board has determined that the veteran's service-connected bilateral hearing loss does not meet the criteria for an extraschedular evaluation, as it is already rated at 10 percent and there is no evidence of marked interference with employment or frequent periods of hospitalization.

The veteran's claims for increased evaluations of his left knee disability, service connection for a lumbar spine disability, and bilateral hearing loss were all granted. The left knee disability is rated at 20 percent since September 16, 1997, with the highest rating allowed under VA regulations.

The Board has remanded the case for further development and consideration, including obtaining additional medical records from SSA and ensuring compliance with VCAA requirements.