Hearing loss decisions — 2007

The Board has decided to remand the case due to insufficient evidence regarding the veteran's current hearing loss disability and its relationship to service. The veteran will need a more recent audiological examination, and an opinion on whether his hearing loss began during or as a result of service.

The Board found that the veteran's current bilateral defective hearing is not related to service, and thus denied his claim for service connection.

The Board has denied the veteran's claims for an initial evaluation in excess of 10 percent for bilateral tinnitus and entitlement to a compensable evaluation for residuals of a right fifth finger fracture, finding no legal basis for higher ratings under VA regulations. The claim for a compensable evaluation for bilateral hearing loss is remanded for further development.

The Board found that the veteran's current bilateral hearing loss is related to service, and granted his claim for service connection.

The Board has determined that the veteran does not have hearing loss as defined by VA regulations, and therefore denied his claim for service connection for bilateral hearing loss.

The VA has determined that the veteran's hearing loss does not warrant a rating greater than 10 percent, as his hearing impairment is currently rated at level II in the right ear and level XI in the left ear.

The veteran's claimed conditions, including bilateral foot pain, right and left carpal tunnel syndrome, stomach ulcers, gastrointestinal reflux disease, erectile dysfunction, chronic sinusitis, lipomatous lesion of the left shoulder, benign prostatic hypertrophy, tinnitus, depressive disorder, and hypertension, have been evaluated. The veteran does not meet the criteria for a combined 100 percent schedular rating under the VA Schedule for Rating Disabilities. Therefore, his claim for permanent and total disability rating for VA non-service-connected pension purposes has been denied.

The veteran's claims for service connection for bilateral hearing loss and bilateral tinnitus were not received by VA prior to August 19, 2003.,The veteran's claim for restoration of a 10% rating for bilateral hearing loss was denied in the Board's August 2006 decision. The effective date of the reduction action should be corrected to December 31, 2004.

The veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the earliest effective date for service connection was July 13, 1993, for PTSD.

The Board found that the veteran's currently diagnosed bilateral hearing loss was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred.

The Board has denied the veteran's claims for service connection for residuals of a head injury (claimed as 'crushed face'), sleep disorder, and hearing loss due to lack of current disability and medical nexus.,Service connection was previously granted for a deviated nasal septum and sinusitis.

The Board has determined that the veteran's bilateral hearing loss is attributable to acoustic trauma during active service and grants service connection for this condition.

The Board has determined that the veteran does not have hearing loss or tinnitus that is related to his military service, and thus denied both claims.

The Board has determined that the veteran does not have a current disability of bilateral hearing loss or tinnitus that is related to service. The evidence shows no complaints, treatment, or diagnoses for these conditions during service and there is no medical opinion linking them to service.

The Board has remanded the case for a Travel Board hearing and further development.

The Board has granted service connection for right ear hearing loss, finding that the veteran's current hearing loss is related to his military noise exposure and resolving reasonable doubt in his favor.

The Board has determined that the veteran's bilateral hearing loss does not meet the criteria for a compensable disability rating, as his hearing impairment is currently rated at level IV in the left ear and level I in the right ear. The claim for an increased initial (compensable) rating for bilateral hearing loss is denied.

The Board has determined that the veteran's nasopharynx cancer, hearing loss, and tinnitus are not related to service or exposure to herbicides. The claim for service connection is denied.

The Board has remanded the case due to new evidence submitted by the veteran, and additional development is required including obtaining service personnel records and scheduling an audiometric examination.

The Board has remanded the case for further development, including obtaining service medical records and verifying any periods of active duty. The veteran's respiratory disability and hearing loss claims will be re-adjudicated after these steps are completed.