Hearing loss decisions — 2008

The Board denied service connection for lumbar degenerative changes at L3-S1 and left ear hearing loss, finding no evidence of such conditions during or related to military service.

The Board has reopened the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that new and material evidence has been submitted. The Board also found a relationship between the current disabilities and service.

The Board has determined that the veteran's claims for a compensable evaluation for bilateral hearing loss and an evaluation in excess of 10 percent for tinnitus are denied as there is no legal basis to assign such ratings.

The veteran's bilateral hearing loss is not attributable to his service, and the Board denies his claim for service connection.

The Board has granted the veteran a compensable rating for his service-connected bilateral hearing loss disability, based on the merits of the claim.

The veteran's service-connected bilateral sensorineural hearing loss has rendered him unable to secure or follow a substantially gainful occupation, and the Board grants total disability based on individual unemployability.

The Board found that the veteran's bilateral hearing loss did not occur during service and was not aggravated by service. Therefore, the claim for service connection for bilateral hearing loss is denied.

The Board denied increased evaluations for service-connected radiculopathy of the right and left lower extremities, as well as denied service connection for bilateral hearing loss. The veteran's conditions were found to be due to her degenerative disc disease of the lumbar spine.

The Board has reopened the veteran's claim to reopen his service connection claim for bilateral hearing loss, but further medical examination is needed before a determination can be made on whether the condition is related to service.

The veteran's hearing loss was rated at 10 percent from December 2002 to October 30, 2007. After October 31, 2007, the rating increased to 20 percent.

The VA has determined that the veteran's bilateral hearing loss does not warrant a compensable evaluation, as his puretone thresholds do not meet the criteria for a higher rating.

The Board has determined that the veteran's current bilateral hearing loss disability is at least as likely as not related to service, including noise exposure from operating heavy equipment. As such, the claim for service connection is granted.

The Board has determined that the veteran's left ear hearing loss existed prior to his active duty service and was aggravated by such service. Therefore, the claim for service connection is granted.

The Board denied the veteran's claims for service connection for a low back disorder and bilateral hearing loss, finding no new and material evidence to reopen the claim for the low back disorder and concluding that there is no evidence of a current disability or a nexus between any in-service noise exposure and the current hearing loss.

The veteran's appeal for service connection on three issues (bilateral hearing loss, bilateral tinnitus, and perforated eardrums) has been dismissed due to the death of the appellant.

The veteran's appeal is being remanded for additional development, including obtaining VA records and scheduling a VA psychiatric examination. The claims for increase in post-traumatic stress disorder and Dependents' Educational Assistance are deferred pending completion of the development.

The Board denied the veteran's claims for an earlier effective date for service connection and higher ratings for his back disability, as well as his claim for service connection for left ear hearing loss. The case is remanded to obtain additional medical records and schedule the veteran for a VA examination.

The veteran's claim for an initial compensable rating for bilateral hearing loss was denied, as his hearing acuity did not meet the criteria for a noncompensable disability rating. The claim for a higher initial rating for diabetes mellitus with hypertension and diabetic retinopathy is remanded due to incomplete records.

The veteran's claim for an increased rating for bilateral sensorineural hearing loss was denied. The issue of whether new and material evidence has been received sufficient to reopen a previously denied claim for service connection for arteriosclerotic heart disease is addressed in the REMAND portion of this decision.

The Board denied the veteran's claims for service connection for hypertension, bilateral hip condition, peripheral neuropathy of the upper and lower extremities, and bilateral hearing loss. The decision found no current diagnoses or evidence linking these conditions to service, particularly given the presumptive exposure to Agent Orange.