Hearing loss decisions — 2008

The Board has determined that the veteran does not have a current diagnosis of PTSD, and there is insufficient evidence to establish service connection for bilateral hearing loss disability or tinnitus. The claims are denied.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for bilateral hearing loss, tinnitus, a right foot disorder, or a bilateral knee disorder. The claims are therefore denied.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, including bilateral hearing loss, anxiety disorder, sleep apnea, body and leg cramps, or hypertension. The claims are therefore denied.

The Board has remanded the case due to a lack of proper notification and consideration of additional evidence. The veteran's claims for increased ratings for chronic right otitis media and hearing loss, right ear are currently on appeal.

The Board has determined that the veteran's tinnitus and bilateral hearing loss are not related to his active service, as there is no evidence of in-service injury or disease. The examiner found that the veteran's current conditions were more likely due to post-service noise exposure.

The Board has ordered additional development of the veteran's service medical records and will review his claims for service connection for various disabilities.

The veteran's death is reasonably related to his service-connected PTSD, and the Board grants service connection for the cause of the veteran's death. As a result, the DIC claim under 38 U.S.C.A. § 1318 is moot.

The Board found that the veteran's hearing loss was not incurred in or aggravated by service and denied his claim for service connection. The fracture of the right distal femur perioprosthetic (claimed as broken right leg) did not result from VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are not related to his active service, as there is no evidence of chronic disability during or following service. The claims have been denied.

The veteran's combined disability rating is 90%, meeting the minimum schedular criteria for TDIU. However, his service-connected disabilities do not render him unemployable as a result of their combined effect.

The Board denied a compensable evaluation for the veteran's service-connected bilateral hearing loss, finding that the evidence did not support such an award.

The Board has determined that the veteran's bilateral hearing loss and tinnitus were permanently aggravated by military service, with reasonable doubt resolved in favor of the veteran.

The Board has denied the veteran's claims of service connection for hearing loss and a left knee condition, finding that there is no evidence to support these claims. The claim for service connection for seizures was also denied as new and material evidence had not been received.

The Board has reopened the veteran's claims for service connection for hearing loss and TMJ (Temporomandibular Joint Dysfunction).,For hearing loss, new evidence was submitted showing current bilateral hearing loss and a causal relationship to an in-service injury. For TMJ, the VA examination reports and private medical opinions link the current condition to the veteran's in-service injury.

The veteran's appeals seeking service connection for right ear hearing loss and skin cancer, a rating in excess of 10 percent for hypertension, a compensable rating for left ear hearing loss, and TDIU prior to July 6, 2005 have been dismissed as the veteran withdrew his appeals.

The Board has determined that the current record is not sufficiently developed to make a decision on the service connection claim for bilateral hearing loss disability. The veteran needs to undergo an audiological examination and receive corrective VCAA notice.

The veteran's claim for service connection for hearing loss, right ear was reopened and the claim is denied.,The medical evidence does not establish a current disability related to viral gastroenteritis (claimed as a stomach disorder).,The determination that the veteran's tinea corporis resolved without residuals does not establish any fact necessary to substantiate the claim for service connection, and does not constitute new and material evidence to reopen the claim.,There is no provision of the laws governing veterans' benefits which authorizes a grant of service connection to the veteran for his child's toe deformity on the basis of exposure to chemicals in Southeast Asia.,The medical determination that the veteran does not meet the diagnostic criteria for chronic fatigue syndrome does not establish any fact necessary to substantiate the claim for service connection, and does not constitute new and material evidence to reopen the claim.,There is no provision of the laws governing veterans' benefits which authorizes a grant of service connection to the veteran for an immune system disorder.,The absence of medical evidence of any chronic qualifying disability or undiagnosed disorder does not establish any fact necessary to substantiate a claim for service connection, and does not constitute new and material evidence to reopen the claim.,Medical evidence obtained which demonstrates assignment of current diagnoses of PTSD, major depression, and psychosis by VA examiners and providers is new, since such evidence was not of record at the time of the prior final denial and is material, since it establishes previously unestablished facts necessary for adjudication of claims for service connection.

The Board has determined that the veteran's claims for service connection of various conditions, including an ear condition and bilateral hearing loss, have been withdrawn. The remaining issues are denied due to lack of evidence supporting the claims.

The Board has determined that the veteran does not have current left ear hearing loss for VA compensation purposes and therefore, his claim of service connection for left ear hearing loss must be denied by operation of law. The right ear hearing loss issue is pending further development.

The veteran's claim for service connection for bilateral hearing loss disability, left ear hearing loss disability, and right ear hearing loss disability was granted. The veteran is also entitled to a 40 percent rating for spondylolysis of the lumbar spine.