Hearing loss decisions — 2007

The VA has determined that the veteran's right ear hearing loss does not meet the criteria for a compensable disability rating.

The Board denied the appellant's claims for an initial disability evaluation in excess of 20 percent for spinal stenosis of the lumbosacral spine at L4-5 levels, service connection for hearing loss, and service connection for heart disease.

The Board has remanded the case for further action due to conflicting information regarding the nature of the veteran's service and incomplete medical records.

The veteran seeks service connection for hearing loss and various other conditions. The RO has remanded the case to obtain additional records and conduct examinations.,The veteran claims service connection for rheumatoid arthritis of the hands, ankles, shoulders, and back, which he attributes to in-service exposure to humidity in Vietnam. He also seeks service connection for a psychiatric disability (likely depression) and benign prostatic hypertrophy due to herbicide exposure during service.,The veteran asserts that his current psychiatric condition is related to an in-service diagnosis of depression. The RO has requested clarification on whether the veteran is seeking service connection for PTSD, which would require further development.,The veteran claims service connection for myocardial infarctions and coronary artery disease, with a suggestion that these conditions may be secondary to his psychiatric disability. He also seeks service connection for benign prostatic hypertrophy due to herbicide exposure during service.,The veteran asserts that he was exposed to noise while serving as a policeman in the Air Force, which could potentially relate to his current hearing loss.

The Board has ordered additional development of the claims due to incomplete records and need for medical examinations.

The Board denied the veteran's claims for service connection for hearing loss and psychiatric disorder, finding no evidence of a nexus between current disabilities and military service.

The veteran's claims for increased ratings and earlier effective dates were denied. The RO assigned a 50 percent rating for anxiety disorder and bilateral hearing loss, effective November 17, 2003.

The Board has determined that the veteran's hearing loss and tinnitus were not incurred or aggravated by service, as there is no evidence of in-service noise exposure leading to current conditions. The VA examiner concluded that the current hearing loss and tinnitus are not attributable to service.

The Board denied the veteran's claims for a compensable rating for left-ear hearing loss and a rating in excess of ten percent for tinnitus, finding that the evidence did not warrant such ratings based on the current schedular criteria.

The Board denied the appellant's claims for service connection for hearing loss and residuals of a gunshot wound to the left upper extremity, finding no evidence of in-service injury or disease that could lead to these conditions.

The VA determined that the veteran's bilateral hearing loss warrants a 10 percent disability rating, effective January 11, 2005. The Board found no evidence of more severe hearing impairment to warrant an increased rating.

The veteran's service-connected disabilities do not meet the criteria for SMC based on need for aid and attendance or being housebound. The spouse does not qualify for SMC based on her own disability.

The Board has determined that the veteran's current bilateral hearing loss and tinnitus are related to his military service, including exposure to acoustic trauma. As a result, both conditions have been granted as service-connected.

The Board has reopened the claims of service connection for hearing loss, tinnitus, residuals of a lumbar spine injury, and skin condition of the right hand. However, the original claim for service connection remains denied as new and material evidence was not submitted.

The VA has determined that the veteran's current bilateral hearing loss is not related to his military service, and therefore denied his claim for service connection.

The Board has determined that the veteran's tinnitus is reasonably associated with his active service, and therefore grants service connection for this condition. However, there is insufficient evidence to establish a nexus between the veteran's hearing loss and his military service.

The Board has determined that the veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus need further development, including obtaining additional medical records and scheduling a VA examination. The case is remanded for these actions.

The Board found that the veteran's bilateral hearing loss was not incurred in service and denied his claim for service connection.

The veteran's claim for accrued benefits was denied as he did not have a pending claim at the time of his death and no outstanding monetary benefits were due to him.

The veteran's overpayment of VA compensation benefits due to incarceration was waived because recovery would be against equity and good conscience, given his total disability from service-connected conditions.