Hearing loss decisions — 2008

The veteran's hearing loss was rated at 40 percent prior to May 17, 2004 and increased to 50 percent thereafter. The veteran is now entitled to a 50 percent rating for bilateral hearing loss.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, hypertension, a skin disability, and a right foot disability. The evidence does not support a finding that these conditions are related to service.

The Board has granted service connection for right ear hearing loss and tinnitus, finding that the veteran's current conditions are likely due to noise exposure during his military service. The claims were reopened based on new evidence submitted by the veteran.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for further examination and development of his medical records.

The Board found no evidence of hearing loss within one year after service and the July 2004 VA examiner's opinion was more probative than the July 2005 VA medical record. The veteran's current hearing loss is not presumed due to noise exposure in service.

The Board has determined that there is no evidence of current bilateral hearing loss or tinnitus, and thus service connection for these conditions cannot be granted. The veteran's claim for a compensable rating for hypertension remains pending as the most recent medical records are dated in September 2005.

The Board has determined that additional evidence is needed to determine the validity of the veteran's claims for tinnitus, bilateral hearing loss, and post-traumatic stress disorder. The RO must schedule examinations and obtain verification of claimed stressors before these issues can be adjudicated.

The veteran's claims for bilateral hearing loss disability, arthritis of the right hand, and a back disorder have been denied. The claim for bilateral hearing loss disability has been reopened due to new evidence provided by private physicians indicating that his current condition may be related to service.,No evidence was found linking the veteran's current conditions (arthritis of the right hand and a back disorder) to service.

The Board has determined that the veteran's bilateral hearing loss disability was not incurred in or related to his military service, and thus denied his claim for service connection.

The Board denied the veteran's claims for higher initial disability evaluations for his hearing loss and tinnitus disabilities, finding that the evidence did not warrant a rating in excess of the current assigned ratings.

The veteran's claims for increased ratings for PTSD, left ankle fracture residuals, shell fragment wound of the left leg, and bilateral hearing loss are being remanded due to insufficient notice provided and the need for additional VA examinations.

The Board denied the veteran's claims for service connection for right ear sensorineural hearing loss and residuals of a perforated tympanic membrane, finding that there was no evidence of continuity of symptomatology from service and that the post-service diagnoses were not related to service.

The Board found that the veteran's bilateral hearing loss and severe mandibular prognathism were not incurred in or aggravated by service, including noise exposure. The examiner concluded that the current disabilities are less likely as not related to service.

The veteran's service-connected hiatal hernia, bilateral hearing loss, and shell fragment wound of the right upper arm are not rated higher than their current levels. The Board finds no evidence to support increased ratings for these conditions.

The Board has determined that the veteran's tinnitus is likely related to his service exposure to noise, and thus grants service connection for this condition. The hearing loss claim requires further development as it involves a complex medical opinion regarding onset and etiology.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and myopia/presbyopia. The adjustment disorder with depressed mood claim is also denied.

The Board denied the veteran's claims for service connection for bilateral hearing loss, gastroesophageal reflux disorder (GERD), and a respiratory disability. The claim for degenerative joint disease and multiple joint pain was also addressed but is being remanded.

The Board has determined that additional development is needed to determine if the veteran's current bilateral hearing loss and tinnitus are related to his military service. The case is therefore being remanded for further examination and opinion.

The Board has determined that a VA audiological examination is needed to determine if the veteran currently has hearing loss disability in either ear. If confirmed, the examiner will be asked whether it is at least as likely as not that the veteran's hearing loss began during service or is causally related to any incident of service, including acoustic trauma.

The Board has determined that the veteran's right sensorineural hearing loss is not proximately due to, or a result of his service-connected diabetes mellitus.