Hearing loss decisions — 2008

The Board has determined that the veteran's hearing acuity, as measured by VA audiometry in February 2004, did not warrant a compensable rating for bilateral hearing loss. The RO assigned a noncompensable rating throughout the appeal period.

The Board found that the veteran's hearing loss, tinnitus, and frostbite residuals were not incurred or aggravated by service. The evidence did not support a finding of current disability related to these conditions.

The Board has determined that the veteran's diagnosed bilateral hearing loss is not related to his active military service and denied his claim for service connection.

The veteran's post-operative right inguinal hernia repair does not have current residuals.,There is no evidence of PTSD or ADD in service, and the VA treatment records do not support a diagnosis of these conditions. The anxiety disorder was diagnosed after separation from service.,The veteran has bilateral hearing loss that began 45 to 50 years prior to his first complaint, but there is no evidence of noise exposure during service.

The Board has remanded the case for a VA examination to determine if the veteran's current bilateral hearing loss and tinnitus are related to his service.

The veteran's claims for increased ratings and new evidence of service connection were denied. The left ear hearing loss is rated as zero percent disabling, PTSD is rated at 30 percent, recurrent right knee strain is rated at 10 percent, gastritis has no service connection, URI does not have a current onset during active service or result from disease or injury in service, left knee sprain and right ankle sprain do not have a current onset during active service or result from disease or injury in service, and right ear hearing loss is not service connected.

The Board has determined that the veteran's claims for service connection for a back disorder, bilateral hearing loss, right knee disorder, and left leg disorder are denied. The evidence does not support the presumption of service connection due to exposure to Agent Orange or other environmental factors.

The Board has determined that the veteran's seizure disorder is related to head trauma in service and grants entitlement to service connection for this condition.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of service connection for chronic PTSD. The veteran served in Vietnam and experienced combat-related stressors, leading to a diagnosis of chronic PTSD. Service connection is granted for this condition. Chronic tinnitus was also found to have originated during active service due to inservice noise exposure from aircraft operations.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are related to noise exposure during service, granting service connection for both conditions.

The Board found no evidence of left ear hearing loss during service or within one year after discharge, and concluded that the current condition is not related to military service.

The Board has remanded the case to allow the veteran to attend a videoconference hearing before a Veterans Law Judge, and for further development of the issues.

The Board found that the veteran's throat injury residuals, including difficulty eating, sleeping and laying flat, hearing loss, and depression, are not proximately due to VA medical treatment provided in April 2001. The preponderance of evidence does not support a finding that any current conditions were caused by VA carelessness, negligence, lack of proper skill, error in judgment, or an event not reasonably foreseeable.

The VA determined that the veteran's bilateral hearing loss does not warrant a compensable rating, as it only meets Level I criteria in both ears.

The VA has remanded the case for a follow-up opinion to address whether the decrease in hearing acuity shown at separation from service is related to noise exposure during service and if so, whether current bilateral hearing loss is at least as likely as not related to that decreased hearing acuity and noise exposure.

The veteran's service-connected disabilities do not preclude substantially gainful employment, and the Board finds that he is not unemployable due to his service-connected conditions.

The Board has determined that the veteran's right ear hearing loss warrants a noncompensable (0%) disability rating since the initial grant of service connection.

The veteran's claims for increased ratings for bilateral hearing loss, left ankle sprain, and low back strain with arthritis were granted. The veteran was also denied service connection for a skin rash to include contact dermatitis, claimed as secondary to Agent Orange exposure, and entitlement to service connection for muscle weakness, claimed as secondary to Agent Orange exposure.

The Board denied the veteran's claims for service connection for hearing loss, PTSD, a back disorder, headaches, chest pain, and muscle spasms. The appeals were not about service connection at all.

The VA determined that the veteran's bilateral hearing loss does not warrant a compensable rating, as his hearing impairment is below the threshold for any higher evaluation.