Hearing loss decisions — 2008

The VA determined that the veteran does not have a current diagnosis of bilateral hearing loss as recognized by VA regulations, and thus denied his claim for service connection.

The veteran's service-connected bilateral hearing loss is rated as noncompensable, and the Board finds that no higher rating is warranted.

The Board has ordered a remand for the veteran's claims due to outstanding VA treatment records and SSA disability benefit determinations. The issues include service connection for bilateral hearing loss, sleep apnea, heart disorder (secondary to hypertension), and kidney disorder (secondary to hypertension).

The Board denied the veteran's claims for service connection for bilateral hearing loss, low back degenerative osteoarthritis and degenerative disc disease, and an initial rating in excess of 20 percent for mechanical back strain. The evidence did not support a finding that these conditions were related to military service or any other basis.

The Board denied the veteran's claims for service connection for left ear hearing loss, gastroesophageal reflux disease, and hypertension due to exposure to herbicides. The evidence did not support a finding of current disabilities or a link between these conditions and active service.

The Board has determined that the appellant's current tinnitus is related to his active military service and grants service connection for this condition. The claim of entitlement to service connection for bilateral hearing loss was denied due to lack of evidence meeting the regulatory requirements for establishing a disability at the time of separation from service.

The Board has determined that the veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The veteran's claims for service connection for bilateral hearing loss and tinnitus were granted, but the effective dates cannot be earlier than May 12, 2006 as no prior claim was filed.

The Board has determined that the veteran does not have a current hearing loss disability as defined by VA and there is no evidence of in-service or proximate to service hearing loss. The veteran's colitis was diagnosed post-service, and he did not provide credible evidence linking it to his active duty service.

The Board has granted service connection for right ear hearing loss but denied service connection for left ear hearing loss and residuals of a right arm injury. The veteran's right ear hearing loss is attributed to in-service noise exposure, while his left ear hearing loss does not meet the criteria for disability under VA regulations. For the right arm injury, there is no evidence of a chronic disorder until 10 years after separation from service.

The VA has determined that the veteran's bilateral hearing loss does not warrant a rating higher than zero percent, as his current hearing impairment is no more severe than Level II in each ear.

The Board has determined that the veteran's current bilateral hearing loss is at least as likely as not related to his in-service noise exposure, and thus service connection for this condition is granted.

The Board denied the veteran's claims for service connection for various conditions, finding that none of them were incurred in or aggravated by his active duty service and not related to presumed exposure to Agent Orange. The heart condition, lung/respiratory disorder, bilateral hearing loss, weakness of the immune system, voice condition, and pneumonia were all determined to be unrelated to service.

The Board has granted service connection for bilateral hearing loss and denied service connection for right eye vision loss and residuals of right eye removal related to a jump accident in the veteran's military service.

The Board denied the veteran's claim for an extraschedular rating for his service-connected hearing loss during the period between December 29, 1998 and August 14, 2000.

The Board denied service connection for bilateral hearing loss and vision loss (tunnel vision) as the evidence does not support a finding that these conditions are related to military service.

The Board denied the veteran's claims for service connection for diabetes mellitus, bilateral hearing loss, and tinnitus. The Board found that there was no evidence of a disease or injury during service, and the presumptive provisions for herbicide exposure did not apply as the veteran had not served in Vietnam.

The Board has determined that the veteran's current hearing loss and heart disorder were not incurred or aggravated by service, and may not be presumed to have been incurred in service. The preponderance of evidence does not support a finding that these conditions are related to service.

The Board denied service connection for bilateral sensorineural hearing loss, bilateral tinnitus, and residuals of cold injury of the ears as there was no evidence linking these conditions to service.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions are due to active service.