Hearing loss decisions — 2009

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess his right knee condition. The claim for service connection for bilateral hearing loss will also be addressed.

The Board has reopened the previously denied claim for service connection for right ear hearing loss and granted it. The Veteran's right ear hearing loss is found to be related to his period of military service.

The Veteran's claims for service connection for various conditions are denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by military service, including exposure to biological experiments.

The Veteran's bilateral hearing loss disability has been clinically shown to be manifested by no worse than Level I hearing in the right ear and Level II in the left ear, resulting in a non-compensable evaluation.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's current bilateral ear infections and hearing loss are related to his service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his active military service, as there is no evidence of in-service noise exposure or a chronic condition within one year post-service. The current hearing loss is considered conductive and does not appear to be linked to service.

The Veteran's claims for an effective date prior to June 23, 2004 for the grant of service connection for bilateral hearing loss and tinnitus were denied. The Board found that the current effective date is correct as it is based on the most recent claim received.,The September 1991 rating decision denying service connection for bilateral hearing loss was not reversed or revised due to clear and unmistakable error, as there was no evidence showing that the decision was incorrect in terms of applying the law at the time.

The Veteran's claims for service connection were denied as new and material evidence was not presented to reopen the claims, and the underlying claims of service connection were also denied.

The Veteran's appeals for service connection for depression, a visual defect, and hypertension have been withdrawn. The claims for migraine headaches, seizures, and low sperm count due to radiation exposure are dismissed as unsupported by the evidence.

The Board finds that the Veteran does not have a current disability of bilateral hearing loss, as defined by VA standards. The evidence is against finding that his in-service noise exposure caused or contributed to any current hearing impairment. Therefore, service connection for bilateral hearing loss is denied.

The Board has determined that the Veteran's bilateral hearing loss is related to his active duty service, but his tinnitus is not. The Veteran was granted service connection for bilateral hearing loss.

The Veteran has withdrawn his appeals on all issues related to service connection for bilateral tinnitus, hearing loss, an eye disorder, headaches, and sinusitis.

The Veteran's claims of service connection for bilateral hearing loss and tinnitus are being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for increased ratings for his service-connected bilateral hearing loss was denied. He is currently rated at 30 percent for the period of September 15, 2008 to the present.

The Board found that the Veteran's hearing loss and tinnitus are not related to his military service, as there was no evidence of hearing loss or tinnitus during service and any current conditions do not appear to be linked to service.

The Veteran's claim for an effective date prior to May 27, 2005 for a 10 percent rating for hearing loss was denied as there is no evidence showing that entitlement arose before this date.

The Veteran's claim for service connection for hearing loss and tinnitus was denied as there is no competent clinical evidence or opinion that his hearing loss and tinnitus are causally related to any incident, injury, disease or exposure of military service.

The Board has denied the Veteran's claims for service connection for heart disorder, visual impairment, low back disorder, bilateral hearing loss, and skin disorder of the nose. The evidence does not support a finding that any of these conditions were incurred or aggravated by active military service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus, left ear, were not incurred in or aggravated by active service. The preponderance of evidence does not support a finding of service connection for these conditions.

The veteran's service-connected bilateral hearing loss does not meet the criteria for special monthly compensation based on the need for regular aid and attendance of another person or being housebound.