Hearing loss decisions — 2009

The Board has determined that the Veteran's claimed bilateral hearing loss and tinnitus are not related to service, including noise exposure. The preponderance of evidence is against these claims.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were first manifest in service, and thus grants service connection for these conditions.

The Board denied the Veteran's claims for service connection for PTSD, residuals of a back injury, and bilateral hearing loss. The Board found that there was no evidence linking current disabilities to service.

The Veteran's claims for service connection for a left hand condition, bilateral hearing loss, and tinnitus were denied. The Board found no current evidence of these conditions during the period of active service or related to military service.

The Board has denied the appellant's claims for service connection for bilateral hearing loss and tinnitus, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding no new and material evidence to reopen these previously denied claims.

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

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are related to noise exposure during his military service, thus granting service connection for these conditions.

The Veteran's overpayment of $10,353.00 in disability compensation is partially waived due to the VA's failure to timely adjust his benefits after he notified them of his incarceration.

The VA has granted service connection for bilateral hearing loss but assigned a noncompensable evaluation as the Veteran's hearing acuity does not meet the criteria for a compensable rating.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the current severity of his service-connected malaria and the etiology of his claimed hearing loss, hypertension, and cardiovascular condition.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied due to lack of evidence showing in-service noise exposure. The claim for left hemidiaphragmatic paralysis was not addressed as it is a separate issue.

The Veteran's service-connected disabilities, combined at 90%, do not render him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's bilateral hearing loss was not incurred or aggravated by active service and denied his claim for service connection.

The Board has determined that the Veteran's current left and right ear hearing loss disability is not related to his military service, as there was no evidence of such during or within a year after service. The claim for service connection for right ear and left ear hearing loss is denied.

The Board found that the Veteran's service-connected conditions did not cause or contribute substantially to his death. The immediate cause of death was aspiration pneumonia, which had an onset prior to death.

The Board has ordered additional development to obtain records of the Veteran's hearing loss evaluation in 2001 or 2002 at the Albany VAMC, and to arrange for a VA examination if necessary. The case will be returned to the Board for further review.

The Veteran's bilateral sensorineural hearing loss and irritable bowel syndrome (IBS) are found to be related to service, with IBS being secondary to an in-service parasite infestation or PTSD. Service connection is granted for these conditions.

The Board has determined that the Veteran's current left and right ear hearing loss disability is not related to his military service, and thus denied both claims for service connection.

The Veteran's appeal for increased ratings for tinnitus and bilateral hearing loss was denied. The maximum schedular rating of 10 percent for tinnitus has been granted, but no higher rating is warranted. For bilateral hearing loss, the initial increase to a 30 percent rating effective January 31, 2007, was upheld, but no higher ratings are warranted prior to that date.