Hearing loss decisions — 2009

The Board has granted service connection for tinnitus on either a direct or secondary basis, and the Veteran's claim for an initial compensable rating for bilateral hearing loss is remanded for further development.

The Veteran's claim for an effective date earlier than February 7, 2002 for the award of service connection for bilateral hearing loss is denied as the January 2003 rating decision assigning this effective date has become final.

The Veteran's case is being remanded due to a scheduling issue for a Travel Board hearing. The appeal regarding the evaluation of his hearing loss disability remains pending.

The VA determined that the Veteran's right ear hearing loss and bilateral tinnitus were not incurred or aggravated by active service, and therefore denied his claims for service connection.

The Veteran's initial noncompensable disability rating for bilateral hearing loss has been denied by the Board of Veterans' Appeals.

The Veteran's claim for an increased evaluation of his service-connected bilateral hearing loss is being remanded due to the need for additional development, including obtaining VA outpatient treatment records and a VA audiological examination.

The Veteran's appeals for increased ratings and service connection were withdrawn at a hearing. The claim for an initial rating in excess of 50 percent for major depressive disorder with psychotic features was dismissed.

The Veteran's claims for service connection for bilateral hearing loss and a skin disorder, to include foot fungus were denied. The Veteran's claim for an increased rating for residuals of prostate cancer was granted with a 40 percent evaluation effective September 1, 2006.

The Veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment, as his GAF score indicates mild symptoms and he is able to perform activities of daily living. His hearing aids allow him to work in most situations, and his tinnitus is described as bothersome rather than disabling.

The Veteran's claim for an increased evaluation of his service-connected bilateral hearing loss is being remanded due to the need for a VA examination.

The Veteran's bilateral hearing loss disability is found to be related to in-service noise exposure and service connection is granted.

The Veteran's claim for an initial compensable evaluation for service-connected bilateral hearing loss is being remanded due to the failure to schedule a VA examination at his requested location in Albuquerque, New Mexico.

The Veteran's tinnitus is granted service connection, and his cervical and lumbar spine disabilities are denied. The Board finds that the evidence is at least in equipoise as to whether the Veteran's tinnitus began in service.

The Board denied the Veteran's claims for service connection for various conditions, including torn lateral meniscus of the right knee and bilateral hearing loss disability. The claim for service connection for nerve damage in the left arm was also denied. Service connection for arthritis of the right knee is addressed separately.

The Veteran's claims for service connection for myopia and bilateral hearing loss were denied as there is no evidence of current disabilities or in-service incurrence.

The Veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied, as the current ratings are already at their maximum. The claim to reopen a service connection claim for lumbosacral strain was also denied due to lack of new and material evidence.

The Board found that the Veteran's current bilateral hearing loss did not meet the VA requirements for a disability in either ear, and thus denied his claim. The audiologist opined that it is less likely as not that the Veteran's hearing loss was caused by or resulted from his active service.

The Board has determined that the Veteran's tinnitus is related to his military service, but his bilateral hearing loss is not.

The Veteran's appeal is being remanded due to the need for proper VCAA notice. The case will be returned to the Board for further review after necessary corrections are made.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the impact of his service-connected disabilities on his employability.