Hearing loss decisions — 2009

The Board has determined that a new VA audiological examination is necessary to determine the current severity of the appellant's service-connected bilateral hearing loss. The claim will be readjudicated after this development.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to inconsistencies in the VA examination report and incomplete service records. The case needs to be reviewed again with consideration of all periods of active duty, ACDUTRA, INACDUTRA, and inactive service.

The Veteran's cervical spine disc disease with right shoulder pain and right forearm paresthesia is rated at 20 percent prior to June 23, 2004. Effective from June 23, 2004, the Veteran is rated at 20 percent for the orthopedic manifestations of cervical spine disc disease and 10 percent for the neurologic manifestations. The Veteran's degenerative joint diseases are each rated at 10 percent. Bilateral hearing loss is not compensable. Retinal detachments have no associated rating.

The Board has determined that the Veteran's currently diagnosed bilateral hearing loss and tinnitus are not related to his military service, and therefore denied both claims.

The Veteran's bilateral hearing loss is currently rated at 40 percent effective from February 21, 2009. Prior to that date, the rating was 30 percent.

The Board found that the Veteran's pre-existing left ear hearing loss did not permanently increase in severity during his active duty service, and thus denied his claim for service connection.

The Board has determined that the Veteran's service-connected conditions do not warrant a higher rating for his degenerative disc disease at L5-S1, but does find new and material evidence to reopen his claim of service connection for bilateral hearing loss. The Veteran's restless leg syndrome is found to be secondary to his service-connected low back disability.

The Board has denied the Veteran's claims of service connection for hearing loss and right ankle disability. The Veteran is not entitled to a higher initial rating for PTSD before April 20, 2004.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, tinnitus, and back arthritis. The Board found that there was no evidence of in-service injury or disease related to these conditions, and concluded that the current disabilities were not incurred during active service.

The Board found no evidence of a link between the Veteran's active duty service and his current bilateral hearing loss or tinnitus, concluding that these conditions are more likely due to other causes in the intervening civilian life.

The Veteran's claims for service connection for a panic disorder, bilateral hearing loss, and bilateral tinnitus were denied. The Veteran was granted service connection for bilateral tinnitus but assigned a 10 percent rating.

The Veteran's bilateral mixed hearing loss is currently rated at 40 percent, and the Board finds no basis to grant a higher rating.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no medical evidence linking his current hearing loss to military service. His claim for special monthly pension based on the need for regular aid and attendance was also denied.

The Board has remanded the case for additional development, including obtaining service personnel records and VA examinations to determine if left ear hearing loss and hypertension are related to active duty or subsequent Reserve service.

The Board found that the Veteran's bilateral hearing loss disability was not incurred in or related to his active service.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss and tinnitus, but finds no basis to grant either claim. The evidence does not establish a link between the current disabilities and military service.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current hearing loss disability is related to his military noise exposure. The case will now be remanded for further development and consideration of other issues.

The Veteran's claim for an increased rating for his bilateral hearing loss is being remanded due to the failure of the Veteran to cooperate with a VA examination, and the need for further medical evaluation.

The Board has determined that additional development is needed to address the Veteran's claims for service connection due to incomplete service records and conflicting medical opinions regarding the etiology of his hearing loss, tinnitus, right knee condition, and left knee condition.