Hearing loss decisions — 2007

The veteran's appeal is being remanded for additional development, including obtaining a July 2005 VA examination and reviewing the November 2006 audiological examination.

The Board has granted a 20% evaluation for hearing loss from July 26, 2006. Prior to that date, the evidence does not warrant an evaluation in excess of 10%. The appeal is denied prior to July 26, 2006.

The veteran's claim for a higher disability rating for his service-connected bilateral hearing loss is being remanded due to the need for additional examination and treatment records.

The Board denied a compensable rating for the service-connected bilateral hearing loss, finding that the veteran's current disability does not warrant such a rating based on his July 2005 VA audiological examination results.

The Board has determined that the veteran does not have a current disability related to his period of active duty service for any of the conditions he is seeking service connection for, including left and right knee injuries, left and right ankle injuries, hepatitis, head injury, bilateral hearing loss, tinnitus, cervical spine disability, and lumbar spine disability. The Board has also determined that there is no evidence of a nexus between these disabilities and his period of active duty.

The Board denied service connection for bilateral hearing loss and a perforated right ear drum in August 1998. The veteran attempted to reopen the claims, but new and material evidence was not submitted, resulting in denial of both claims.

The Board has determined that the veteran's service-connected left ear hearing loss and bilateral inguinal hernias with post-surgical scars do not warrant an increased rating. The noncompensable disability ratings assigned for these conditions remain unchanged.

The Board has determined that the veteran does not have a ratable hearing loss by VA standards and thus service connection for bilateral hearing loss is denied. The issue of an initial rating in excess of 20 percent for intervertebral disc syndrome will be addressed in the REMAND portion of this decision.

The veteran's claims for headaches, bilateral sensorineural hearing loss, tinnitus, and chronic bronchitis were denied as there is no current diagnosis of a chronic condition related to service. The veteran was not exposed to noise trauma in-service or post-service that could be linked to his conditions.

The Board has decided to remand the case for additional development, including a new VA examination and opinion regarding the etiology of the veteran's bilateral hearing loss and tinnitus.

The Board has determined that additional development is necessary for the veteran's claims of service connection for bilateral hearing loss and PTSD. The veteran will be afforded VA examinations to determine whether he has these conditions as a result of his active duty service, and if so, whether they are related to in-service noise exposure or other causes.

The Board has determined that the veteran's bilateral hearing loss does not meet the criteria for a compensable evaluation under VA rating criteria.

The Board has denied the veteran's claim for an effective date prior to December 14, 2004 for the award of service connection for bilateral hearing loss.

The veteran's claim for an increased rating for his service-connected bilateral hearing loss is being remanded due to the need for additional VA medical records and a new audiological examination.

The Board found no current diagnosis of sleep apnea and denied the veteran's claim for service connection. The initial compensable disability evaluation for bilateral hearing loss was granted, but the veteran contends his condition has worsened.

The veteran's claim for restoration of a compensable rating and an increased rating for service-connected bilateral hearing loss is being remanded due to the need for additional development, including a more current audiological examination.

The veteran's claim for total disability rating based on individual unemployability is being remanded due to insufficient medical evidence regarding his employability and the impact of his service-connected disabilities.

The Board has remanded the case due to incomplete medical records and a need for additional VA treatment records. The veteran's claim of entitlement to an initial compensable disability rating for service-connected bilateral hearing loss is pending.

The veteran's appeal is remanded for further development and adjudication, including consideration of claims of clear and unmistakable error in prior rating determinations. The issue of Dependents' Educational Assistance benefits under Chapter 35 remains pending.

The Board found that the veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by active service, nor may they be presumed to have been incurred therein. The claim for diabetes mellitus was denied as there is no evidence linking it to service.