Hearing loss decisions — 2008

The Board denied the veteran's claims for higher ratings for his bilateral hearing loss, finding that the evidence did not warrant a compensable rating prior to June 16, 2005 and no rating in excess of 10 percent from that date forward.

The Board denied compensation under 38 U.S.C.A. § 1151 for left eye vision loss, bilateral hearing loss, and a disorder characterized as loss of equilibrium resulting from VA treatment in February 1984.

The Board found that the veteran's bilateral hearing loss and tinnitus were not incurred or aggravated by his military service, as there was no evidence of current disabilities within one year post-service. The claims for these conditions are therefore denied.

The Board has determined that the veteran's currently diagnosed bilateral hearing loss and tinnitus were not incurred or aggravated by service, and therefore denied both claims.

The veteran's claims for right ear hearing loss and tinnitus were denied in July 1996, but he did not receive the denial letter at his address of record. He filed a new claim for increased rating for left ear hearing loss on January 31, 2003, which was interpreted as an attempt to reopen his right ear hearing loss and tinnitus claims.,The veteran's attempts to reopen his right ear hearing loss and tinnitus claims were denied in March 2004. He filed a new claim for tinnitus on August 31, 2005.

The Board has granted service connection for left ear hearing loss and tinnitus. Service connection for right shoulder impingement is denied.

The Board denied the veteran's claim for an increased rating for his service-connected bilateral hearing loss, finding that the evidence did not support a disability evaluation in excess of 20 percent.

The veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied as the current assigned ratings of 20% and 10%, respectively, are considered appropriate based on the audiometric test results.

The veteran's claim for a higher initial rating for his bilateral hearing loss was granted, but he is still not satisfied with the assigned 20 percent disability rating.

The veteran's bilateral hearing loss was rated at 10% prior to August 16, 2007 and increased to 30% from that date. The current rating is in accordance with the criteria for a 30% evaluation based on his audiometric results.

The VA determined that the veteran does not have a current hearing disability, and thus cannot grant service connection for bilateral hearing loss.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that new evidence does not establish a link to service.

The Board has determined that the veteran does not have a hearing disability for VA compensation purposes and his diagnosed tinnitus is not associated with his active military service.

The Board has remanded the case back to the RO for additional development, including obtaining Social Security Administration records and service medical records. The veteran's claims for bilateral hearing loss and bilateral knee arthritis will be reconsidered after this additional development.

The veteran's appeal is being remanded for further evaluation of his bilateral hearing loss claim.

The VA determined that the veteran's service-connected bilateral hearing loss and tinnitus do not meet the criteria for a TDIU rating as they do not prevent him from securing and following substantially gainful employment.

The Board has determined that the veteran does not have a current right ear hearing loss disability for VA benefit purposes and therefore, service connection cannot be established.

The Board found that the veteran's hearing loss, hypertension, and COPD were not incurred or aggravated by service. The gaps in time between discharge from active duty and the onset of these conditions made it unlikely they are related to military service.

The Board has determined that additional development is needed to determine the nature and etiology of the veteran's bilateral hearing loss and tinnitus, which are service-connected conditions.

The Board has remanded the case due to a need for an opinion applying the correct standard for combat veterans regarding service connection for bilateral hearing loss and tinnitus.