Hearing loss decisions — 2009

The Board vacated the July 2004 decision denying service connection for bilateral hearing loss due to inadequate notice and failure to consider whether tinnitus was related to in-service acoustic trauma. The evidence does not show current hearing loss disability for VA purposes, but there is a current diagnosis of right ear hearing loss. Service connection for hearing loss cannot be established as the evidence fails to show a nexus between service and the diagnosed condition.

The Board denied the Veteran's claims for service connection for hearing loss of the left ear, a chronic disability manifested by left-sided sensory deficit and weakness, and a right upper quadrant disability. The Veteran was not granted any increased evaluations for his other conditions.

The Board found that the Veteran did not have in-service or post-service hearing loss as contemplated by VA regulations, and thus denied his claim for service connection for bilateral hearing loss.

The Board found that the Veteran's service treatment records showed a hearing loss disability of the left ear upon enlistment, and subsequent in-service audiological examinations showed normal hearing. There is no post-service medical evidence of a current left ear hearing loss disability for several years after service. The preponderance of the competent evidence is against finding in-service aggravation or a nexus between any incident of service and the current diagnosis of a left ear hearing loss.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not occur in or are not related to his active duty service. The preponderance of evidence is against the claims.

The Board found no evidence of in-service hearing loss or tinnitus, and the Veteran's current conditions are not related to his military service. As a result, the claims for bilateral hearing loss and tinnitus were denied.

The Veteran's current bilateral hearing loss and tinnitus are not related to his active military service, including exposure to noise during basic training. The Board finds that the evidence does not support a finding of service connection for these conditions.

The Board has determined that the Veteran's current bilateral hearing loss is related to his in-service noise exposure, and thus service connection for this condition is granted.

The Veteran's service connection claims for back disability, bilateral leg disability (peripheral neuropathy), bilateral knee disability, bilateral foot disability, and bilateral hearing loss disability are all denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by service.

The Veteran's appeal is for an initial, noncompensable rating for bilateral hearing loss. The RO granted service connection and assigned a non-compensable rating effective January 10, 2005. The Veteran asserts that his hearing loss affects his employment.

The Board denied an increased rating for bilateral hearing loss and denied the claim for an earlier effective date. The Veteran's appeal regarding these issues is being remanded.

The Veteran's bilateral hearing loss is currently manifested by no more than Level III hearing in the right ear and Level I hearing in the left ear, resulting in a noncompensable evaluation. The Board finds that an initial compensable evaluation for this disability has not been met.

The Veteran's service connection claim for bilateral sensorineural hearing loss is granted, with the Board finding it as likely as not that his current condition resulted from in-service noise exposure. Tinnitus was also granted service connection.

The Veteran's claims for bilateral hearing loss and recurrent tinnitus were denied as there is no evidence of a current disability related to service. The Board found that the Veteran did not have a hearing loss or tinnitus during service, and any current conditions are not otherwise etiologically related to such service.

The Veteran's initial claim for higher ratings for bilateral hearing loss was denied. The Veteran is currently rated at 10 percent prior to March 9, 2007 and 40 percent from that date.

The Board has determined that the Veteran's claimed conditions, including hearing loss, tinnitus, a chronic right shoulder disorder, degenerative arthritis of the lumbar spine (claimed as a back condition), and PTSD or depression, are not service-connected. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Veteran's appeal is remanded due to the need for a new VA audiological examination and review of his treatment records. The Veteran has claimed that his hearing loss has worsened since the last compensation and pension (C&P) audio examination, which was conducted two years ago.

The Board found that the Veteran's service-connected bilateral hearing loss disability does not meet the criteria for a compensable rating under the applicable VA rating schedule. The claim for tinnitus was also denied as it was not incurred in or aggravated during service.

The Veteran's service-connected bilateral high frequency sensorineural hearing loss does not meet the criteria for a compensable evaluation.

The Board has remanded the case due to incomplete records and a need for further examination. The Veteran's claim for service connection for bilateral hearing loss and tinnitus is pending.