Hearing loss decisions — 2007

The veteran's appeal on the merits has been dismissed due to his death.

The veteran's claims for service connection for various conditions, including diabetes mellitus, Type II; headaches; diarrhea; lack of energy; muscle aches; urinary frequency (frequent urination); bone deterioration; and low back pain are denied as there is no current diagnosis or evidence linking these conditions to his military service. The hearing loss claim was also denied.

The veteran's claims for earlier effective dates for service connection of bilateral hearing loss, tinnitus, and degenerative joint disease (DJD) of the neck were denied as there is no evidence that he filed an application to reopen his claim prior to October 9, 2001.

The Board has denied the veteran's claims of service connection for hearing loss and blurred vision, finding that there is no evidence to support a link between these conditions and his military service.

The Board denied the veteran's claims for service connection for asbestosis, peptic ulcer disease with gastroesophageal reflux disease, hypertension, bilateral hearing loss, an eye disability, and a disability exhibited by an abnormal electrocardiogram.

The veteran does not have sigmoid polyps that are the result of disease or injury incurred in or aggravated during active military service. The Board finds that a medical examination was not warranted.

The Board has decided that the evidence is evenly divided and cannot determine whether the right ear hearing loss is related to service, requiring further development.

The Board has ordered a VA audiological examination to determine the current severity of the veteran's service-connected bilateral hearing loss. The case will be returned for further review after the examination.

The Board has remanded the case for additional development and readjudication due to issues related to service connection, including hearing loss, ankle disorder, hammertoes, and spurs of the feet as secondary to ingrown toenails. The rating for residuals of ingrown toenails is also being remanded.

The veteran's bilateral hearing loss is evaluated as noncompensable (0 percent disabling). The right ear scar is currently rated at 30 percent. Headaches are rated as 10 percent disabling from April 14, 2003 to March 28, 2006 and as 10 percent thereafter. Generalized anxiety disorder is rated as 30 percent disabling.,The veteran's bilateral hearing loss does not meet the criteria for a compensable rating.

The Board denied the veteran's claims for service connection for seizure disorder, bilateral hearing loss disability, tinnitus, and residuals of a left leg injury due to lack of evidence supporting these conditions in service or continuity since service.

The VA determined that the veteran does not have right ear hearing loss recognized as a disability for VA purposes.

The veteran's claim for an earlier effective date for the grant of service connection for bilateral hearing loss was denied as there is no evidence of a claim to reopen between the last final denial in October 1989 and September 17, 2003.

The Board has determined that the veteran's tinnitus arose during active service and continues to exist, warranting service connection. However, there is no evidence of right ear hearing loss in service or after service until 2003, and the VA examiner opined it was unlikely related to military service. The claim for left ear hearing loss remains pending as new and material evidence has not been received.

The Board denied the veteran's claims for increased ratings for bilateral hearing loss and tinnitus, as well as his claim for service connection for hepatitis C. The decision found no legal basis for an increased rating for either condition and denied service connection due to lack of evidence linking the conditions to service.

The Board found that the veteran's current bilateral hearing loss did not begin during his period of service and is not related to any in-service noise exposure. As a result, the claim for service connection was denied.

The veteran's initial claim for a higher rating for bilateral hearing loss was denied. The RO assigned a noncompensable evaluation prior to December 19, 2006 and a 10 percent evaluation thereafter.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, as well as his claim for service connection for hypertension as secondary to diabetes mellitus. The evidence did not support a finding that these conditions were related to service or service-connected disabilities.

The Board has determined that the veteran's current bilateral hearing loss and bilateral tinnitus are not related to his military service, including noise exposure during active duty. As a result, these claims for service connection have been denied.

The Board denied the appellant's claims for service connection for cause of death and DIC under 38 U.S.C.A. § 1318, finding that there was no evidence showing a service-connected disability either caused or contributed to the veteran's death.