Hearing loss decisions — 2007

The veteran's claims for low back disability, skin cancer in the facial area to include the nose, bilateral hearing loss, and tinnitus were denied as there is no evidence of a nexus between these conditions and service.

The Board found that the veteran's erectile dysfunction is not related to his service-connected spine disability and denied the claim. For hearing loss, the RO granted a non-compensable evaluation as there was no evidence of exceptional patterns of hearing.

The Board has determined that the veteran's bilateral hearing loss and partial blindness, left eye, were not incurred or aggravated by service. The evidence does not support a finding of direct service connection.

The Board found no current left ear disorder, to include hearing loss, and denied the veteran's claim for service connection.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there is no current diagnosis of PTSD to support his claim.

The veteran's post-gastrectomy syndrome is now rated at 40 percent effective November 6, 2006.

The Board has determined that the evidence supports granting service connection for bilateral hearing loss disability, which was incurred in service due to acoustic trauma.

The Board has reopened the veteran's claims for service connection for bilateral hearing loss disability and tinnitus, as well as his claim for service connection for tinnitus. The evidence received since the March 2000 decision includes credible testimony from the veteran regarding exposure to acoustic trauma in service, which is sufficient to establish a reasonable possibility of substantiating these claims. However, the Board has determined that there is no new and material evidence to reopen his claim for service connection for Meniere's disease or otitis media. The residuals of right hand fracture claim remains pending as it was not addressed in the March 2000 decision.

The Board has remanded the case due to the need for additional medical records and proper notice. The veteran's claims of increased disability rating for sleep apnea syndrome and service connection for bilateral hearing loss are pending.

The Board found no evidence of an increase in the veteran's right ear hearing loss during service and concluded that the preexisting condition was not aggravated by military service. As a result, the claim for service connection for right ear hearing loss is denied.

The veteran's service-connected disabilities, including PTSD, lumbar spine disability, left and right knee disabilities, tinnitus, and right ear hearing loss, have rendered him unemployable. The Board has granted TDIU based on the combined rating of 70 percent for these conditions.

The veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment, considering the impairment from the disabilities and his education and occupational experience.

The Board has denied the veteran's claims for service connection for right shoulder injury, right ear hearing loss, and hypertension. The decision also found that new evidence submitted to reopen the claim of service connection for hypertension was not material.

The Board granted service connection for hypertension and denied service connection for cardiomyopathy, arthritis, bilateral hearing loss, peptic ulcer disease, and obstructive sleep apnea. The cause of the veteran's death was found to be due to or as a consequence of hypertensive cardiovascular disease.

The veteran's claims for increased ratings for bilateral hearing loss and service connection for arthritis of multiple joints (claimed as back and hands) were denied. The RO found that the veteran did not meet the criteria for a compensable rating for his bilateral hearing loss, and there was no evidence to support service connection for arthritis.

The veteran's hearing loss disability results in Roman numeral designations of no more than III in the right ear and no more than I in the left ear, employing Tables VI and VIa (as appropriate) of the VA schedule of ratings.,The veteran's service-connected bilateral tinnitus is assigned a 10 percent rating, the maximum rating authorized under Diagnostic Code 6260.

The veteran's bilateral hearing loss and tinnitus have been granted service connection. However, his initial compensable rating for bilateral hearing loss has been denied. Service connection for hypertension and peripheral neuropathy of the upper and lower extremities remains pending.

The Board is considering whether new and material evidence has been received to reopen a previously denied claim for service connection for bilateral hearing loss. The veteran also had a pending claim for PTSD, which was granted in January 2006.

The veteran's bilateral hearing loss is rated at 40 percent, the highest available rating under VA disability evaluation criteria.

The veteran's bilateral hearing loss is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the current evidence.