Hearing loss decisions — 2008

The veteran was granted an effective date of May 30, 2003 for special monthly pension (SMP) at the housebound rate due to her entitlement to a combined disability rating of 60 percent or more.

The VA denied the veteran's claim for an increased rating for his service-connected bilateral hearing loss, as there was no evidence to support a compensable rating.

The Board has granted service connection for a cervical spine disability and assigned a 10 percent evaluation. The claims for bilateral hearing loss and a genitourinary disability are denied.

The VA denied the veteran's claim for an increased evaluation of his bilateral hearing loss, currently rated at 30 percent.

The Board found no evidence that the veteran submitted a claim prior to June 13, 2001 for service connection of PTSD, bilateral hearing loss, or tinnitus. Therefore, effective dates earlier than those assigned are not warranted.

The veteran's claim for service connection for bilateral hearing loss was denied as there is no evidence of a chronic disease during or within one year after service.,For the entire rating period, beginning on May 9, 2001, the criteria for a disability rating in excess of 50 percent were not met due to lack of findings such as speech intermittently illogical, near continuous panic or depression affecting ability to function independently, unprovoked irritability with periods of violence, spatial disorientation, neglect of personal appearance/hygiene, and inability to establish effective relationships.

The VA has granted service connection for bilateral hearing loss but assigned a noncompensable (zero percent) disability rating, as the veteran's hearing impairment does not meet the criteria for a compensable rating.

The veteran's claims for service connection are being remanded due to incomplete VA medical records and the need for further review by a Decision Review Officer.

The Board has remanded the veteran's claims due to incomplete information and need for additional examinations.

The veteran is granted an initial compensable evaluation for bilateral hearing loss prior to November 10, 2005. However, he does not meet the criteria for a higher rating on or after that date.

The veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration (SSA) records and VA treatment records.

The VA determined that the veteran's bilateral hearing loss does not warrant a compensable rating, as his hearing acuity is within the range of noncompensable disability.

The Board denied the veteran's claims for service connection for bilateral hearing loss and for increased ratings for right shoulder pain and kidney stones, finding that his current conditions did not meet the regulatory thresholds for a disability or were not related to military service.

The Board found that the veteran's right ear hearing loss pre-existed service and was not aggravated by service, thus denying his claim for service connection.

The Board has determined that the veteran's bilateral hearing loss does not meet the criteria for a compensable rating, as his right ear hearing loss is rated at Level I and left ear hearing loss at Level V. The claim for an increased disability rating must therefore be denied.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence had not been received to reopen his left foot disorder claim. The other claims were also denied.

The veteran is attempting to advance a claim for an earlier effective date for awards of service connection for bilateral hearing loss and bilateral tinnitus. However, as noted above, the United States Court of Appeals for Veterans Claims (Court) has made it clear that there can be no 'freestanding' claim for an earlier effective date, because to allow such a claim would be contrary to the principles of finality set forth in 38 U.S.C.A. § 7105. The appeal is dismissed.

The Board denied the veteran's claim for service connection for bilateral hearing loss, finding no evidence linking his current hearing loss to his active service.

The VA determined that the veteran's bilateral hearing loss does not warrant a rating higher than 10 percent, based on his audiometric test results.

The veteran's hearing loss in the right ear was granted service connection effective October 15, 2004. For the period beginning October 15, 2004, he is now rated at 30 percent for bilateral hearing loss.