Hearing loss decisions — 2008

The veteran's chronic bilateral hearing loss disability has been objectively shown to be productive of no more than right ear Level II hearing impairment and left ear Level I hearing impairment for VA purposes. The criteria for an initial compensable evaluation have not been met.

The VA has determined that the veteran's service-connected bilateral hearing loss does not warrant a compensable evaluation, as his hearing impairment is currently rated at zero percent.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for bilateral hearing loss, a mental disorder (including depression), and bilateral knee disorders. The claim for service connection for a bilateral ankle disorder is also denied.

The Board has remanded the case for additional development due to the need for a VA examination by an ENT specialist to determine the nature, extent, and etiology of the veteran's bilateral hearing loss and tinnitus.

The VA denied an increased rating for the veteran's service-connected right ear hearing loss, currently rated zero percent.

The Board has determined that the veteran's left ear hearing loss is related to his active military service and grants service connection for this condition.

The Board denied the veteran's claims for higher ratings for bilateral hearing loss and PTSD. The initial non-compensable rating for bilateral hearing loss was maintained, while a 10 percent disability rating for PTSD from May 13, 2002 to September 26, 2007, and an increased rating of 50 percent or more for PTSD from September 27, 2007 were denied.

The Board finds that an effective date of February 7, 1985 is warranted for the grant of service connection for tinnitus.,The veteran's claim for a higher rating for hearing loss was not factually ascertainable to have occurred within one year prior to March 12, 2004.

The Board has determined that the veteran's bilateral hearing loss does not warrant a higher initial rating than the currently assigned noncompensable (0%) disability rating.

The VA is instructed to obtain the veteran's treatment records from 1998 to 2004 and refer them for an opinion on whether his current hearing loss and tinnitus had their onset in service.

The Board denied the veteran's claims for service connection for various conditions, including right knee condition, left knee condition, tinnitus, COPD/asthma, PTSD, bilateral hearing loss, diabetes mellitus, neuropathy of the legs and arms, and loss of use of a creative organ. The denial is based on lack of evidence linking these conditions to service or other presumptive exposure.

The appellant's service-connected bilateral hearing loss and tinnitus do not prevent him from engaging in substantially gainful employment, thus the claim for TDIU due to these disabilities is denied.

The Board denied the veteran's claim for service connection for bilateral hearing loss in May 1981, finding that there was no clear and unmistakable error. The decision is based on the absence of competent medical evidence linking hearing loss to service.

The Board has determined that the veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, and tongue squamous cell carcinoma (claimed as throat cancer) are denied. The evidence does not support a finding of in-service disease or injury resulting in these conditions.

The Board has determined that the veteran's pre-existing bilateral hearing loss was aggravated by active service, and thus grants service connection for this condition.

The Board denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, and diabetes mellitus due to a lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's bilateral hearing loss is not related to his military service and therefore denied his claim for service connection.

The VA denied the veteran's claim for an increased rating for his bilateral hearing loss, finding that the evidence did not establish a rating in excess of 0 percent.

The Board has granted service connection for bilateral hearing loss, finding that the veteran's current hearing disability is causally related to his military acoustic trauma. Service connection was denied for tinnitus.

The veteran seeks service connection for bilateral hearing loss. The VA examiner found that the hearing loss is less likely caused by his military service, attributing it to age-related presbycusis. However, a private audiologist opined that the hearing loss was more likely due to in-service noise exposure using M1 rifles without protection. The case is being remanded for further development and consideration of this evidence.