Hearing loss decisions — 2008

The Board has determined that the veteran's service connection claims for bilateral hearing loss disability and asthma have been denied as there is no evidence of a current disability or in-service incurrence.

The Board found that the veteran's current bilateral hearing loss did not have its onset during service or within one year of separation, and there is no evidence linking it to his military service.

The veteran's claim for an initial, compensable rating for left ear hearing loss is being remanded to the RO for further development and consideration.

The Board finds that the veteran's current bilateral hearing loss and tinnitus are not related to his military service, as there is no evidence of in-service noise exposure or chronic symptoms during service. The gap between separation from service and the first documented manifestations of hearing impairment preponderates against a finding of service connection.

The VA determined that the veteran's hearing loss and tinnitus were not caused by VA negligence or carelessness, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's current bilateral sensorineural hearing loss is not related to his period of service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for left ear hearing loss and initial compensable ratings for Hepatitis B and a residual scar of a left axillary contracture, finding no evidence of current or past hearing loss meeting VA criteria. The veteran's Hepatitis B was rated as noncompensable due to asymptomatic status.

The Board denied the veteran's claims for service connection for bilateral hearing loss and a chronic right ankle disability, finding no evidence of in-service injury or disease that resulted in current disabilities.

The Board found that the veteran's hearing loss and tinnitus are not attributable to his active service, including noise exposure during military service.

The Board has determined that the veteran is entitled to service connection for bilateral hearing loss and tinnitus, with the latter being related to military noise exposure. The increase in severity of his hearing loss during active duty was found to be due to aggravation rather than natural progression.

The Board found that the veteran's tinnitus and hearing loss were not incurred in or aggravated by service, as there was no medical evidence showing these conditions during his active duty. The claims for service connection were denied.

The Board denied the veteran's claims for service connection for bilateral hearing loss and cervical arthritis, finding that there was no evidence of a current disability or a link to service. The claim for tinnitus is pending.

The Board has determined that the veteran does not have a hearing loss disability for VA purposes and his chronic low back strain has not been productive of severe limitation of lumbar spine motion, severe lumbosacral strain, forward flexion of the thoracolumbar spine limited to 30 degrees or less, favorable ankylosis of the thoracolumbar spine, or incapacitating episodes of intervertebral disc syndrome. Therefore, his claims for service connection and increased rating are denied.

The Board has determined that the veteran does not have service connection for bilateral hearing loss, hemorrhoids, headaches, or a fracture of T-12 (claimed as back arthritis) due to lack of evidence linking these conditions to his military service.

The VA determined that the veteran's current bilateral hearing loss is not related to his military service, and thus denied his claim for service connection.

The VA denied a compensable rating for the veteran's service-connected left ear hearing loss, finding that his auditory acuity level was not more than Level VII.

The Board denied a compensable disability rating for the veteran's service-connected bilateral hearing loss, finding that the evidence did not meet the schedular criteria.

The veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues of evaluating his lower back disability and bilateral hearing loss are still pending.

The Board denied the reopening of the claim for service connection for right ear hearing loss due to lack of new and material evidence, and also denied the CUE claim.

The Board has determined that the veteran does not have current disabilities of bilateral hearing loss, tinnitus, residuals of a right hand crush injury, or low back disorder for which service connection can be granted. The claims are therefore denied.