Hearing loss decisions — 2008

The veteran's claims for increased evaluations for high frequency hearing loss and cervical spine disability were denied. The RO found that the evidence did not support a higher evaluation for either condition.

The veteran's only service-connected disability of bilateral hearing loss is not considered severe enough to render him unable to obtain or maintain substantially gainful employment.

The Board has ordered additional development due to the need for missing VA medical records from various facilities. The veteran's claim for service connection for hearing loss is being remanded.

The Board found that the veteran's current bilateral hearing loss is not due to service, and thus denied his claim for service connection.

The Board has determined that the veteran does not have a current disability of bilateral hearing loss or degenerative joint disease of the right elbow due to military service and therefore denied both claims.

The veteran's PTSD is currently rated at 50 percent, effective March 12, 2002. Service connection for pneumothorax and bilateral hearing loss was denied as there is no evidence of a direct link to service or exposure to Agent Orange.

The Board found no causal relationship between the veteran's current bilateral hearing loss and his military service, as evidenced by normal audiometric results during service and lack of treatment for hearing issues in the years following discharge. The claim is denied.

The Board found no clear and unmistakable error in the December 1993 rating determinations that denied service connection for tinnitus, right ear hearing loss, and left ear hearing loss. The decisions are considered final as the veteran did not appeal them within the required time frame. New evidence received since the denial of service connection for right and left ear hearing loss does not raise a reasonable possibility of substantiating the claim, while new evidence received since the denial of service connection for tinnitus raises such a possibility.

The Board found that the veteran's current hearing loss and tinnitus disabilities are not related to his active service, including exposure to noise trauma. As a result, the claims for service connection were denied.

The VA determined that the veteran's left ear hearing loss does not meet the criteria for a compensable rating, resulting in a denial of his claim.

The Board found no current diagnosis of right ear hearing loss and denied service connection for left ear hearing loss due to lack of medical nexus.

The Board has remanded the case for further examination and opinion regarding service connection for hearing loss and tinnitus.

The veteran's appeal is being remanded for a Travel Board hearing at the Indianapolis, Indiana RO.

The Board has ordered the case back to the RO for additional development, including a VA audiological examination and compliance with VCAA requirements.

The Board has granted service connection for bilateral hearing loss and a right knee disability, but denied the claim for an initial compensable rating for residuals of left little finger injury.

The Board found that the veteran's bilateral hearing loss and exotropia of the left eye are related to service, while his bilateral myopia is not. The veteran was granted service connection for these conditions.

The veteran's PTSD is rated at 70 percent, and he is granted a total disability rating for individual unemployability due to service-connected disabilities.

The Board has determined that the veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by his military service, as there is no evidence of a nexus between his current conditions and his active duty. The VA examiner concluded that the veteran's sensorineural hearing loss was less likely than not related to his earlier incidents of perforated tympanic membranes during service.

The Board finds that the evidence is in equipoise as to whether the appellant currently has bilateral hearing loss and tinnitus that were incurred during his active military service. Service connection for these conditions is granted.

The Board denied the veteran's claims for service connection for hearing loss and tinnitus, as well as his claim for an increased rating for post-operative residuals of left shoulder subluxation. The Board found that there was no evidence to support a finding that the veteran's current hearing loss or tinnitus were incurred in service. For the shoulder disability, the Board noted that while the veteran had pain and stiffness, he did not have instability, giving away, fatigue, weakness, heat, or redness, and his symptoms were rated as 30 percent disabling based on limitation of motion to 25 degrees from the side.