Hearing loss decisions — 2009

The Board denied the appellant's claims for initial compensable ratings for left ear and bilateral hearing loss, finding that entitlement did not arise until July 11, 2007.

The Veteran's death was not service-connected, and the Board denied DIC benefits under 38 U.S.C.A. § 1318 due to insufficient evidence of a continuous period of total disability rating for at least ten years immediately preceding his death.

The Veteran's initial claim for an increased rating for bilateral hearing loss was denied. The Board found that the criteria for a disability rating of 20 percent, but no higher, have been met as of March 12, 2007, and that the criteria for a disability rating in excess of 60 percent have not been met as of March 23, 2009.

The Board has determined that the Veteran does not have hearing loss, to include sensorineural hearing loss, that was incurred in or aggravated by active service. The preponderance of evidence is against service connection for hearing loss.

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

The Board has determined that the Veteran does not have current bilateral hearing loss or tinnitus, and there is no medical evidence linking these conditions to his military service. Therefore, the claims for service connection are denied.

The Board has determined that the Veteran's claim for service connection for hearing loss of the right ear cannot be reopened due to lack of new and material evidence.

The Board found no evidence of in-service noise exposure or hearing loss, and the Veteran's current bilateral hearing loss is not linked to his military service. The claim for service connection was denied.

The Board has remanded the issues of service connection for bilateral hearing loss, right hip disability, and left shoulder disability to the RO/AMC for additional development.

The Board found that the Veteran's right ear hearing loss was not incurred in or aggravated by active service and denied his claim for service connection. The left ear hearing loss is currently rated as noncompensable.

The Veteran's initial rating claim for bilateral hearing loss was granted, but the assigned noncompensable rating is denied as his hearing acuity did not warrant a compensable evaluation at any time during the appeal period.

The Board found that the Veteran's bilateral hearing loss was not incurred in active service and may not be presumed to have been so incurred.

The Board has remanded the case for additional development, including verification of service stressors and VA examinations to determine the nature and etiology of any current left knee disability and disabilities of the feet manifested by blisters.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of in-service hearing loss or tinnitus, and that any current disabilities were not related to his military service.

The Veteran's appeal is being returned to the RO for review of additional evidence and determination of whether he is entitled to a total rating based on individual unemployability.

The Board denied service connection for PTSD and black lung. However, it granted service connection for a rash as due to undiagnosed illness, headaches as due to undiagnosed illness, and extreme fatigue and frequent bowel movements as due to undiagnosed illness.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied as there is no competent medical evidence showing a nexus between the conditions and his time in service.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no competent evidence of hearing loss in service or for many years thereafter, and no competent medical opinion linking his current hearing loss with service.

The Board has determined that the Veteran's bilateral hearing loss is service-connected, as it was shown to be related to noise exposure during active duty. The claim for tinnitus remains pending and requires further development.

The Veteran's claim for higher ratings for service-connected bilateral hearing loss was denied. The Board found that the evidence did not support a rating in excess of 30 percent from January 15, 2008 forward.