Hearing loss decisions — 2009

The Veteran's death was not caused or contributed to by any service-connected disability, including his pleural effusion. The Board denied the DIC claim and the cause of death claim.

The Veteran's appeal is remanded due to the need for a new VA audiological examination and additional medical records. The initial noncompensable disability rating for bilateral hearing loss will be reconsidered based on the results of these examinations and records.

The Board denied the Veteran's claim for TDIU due to his failure to report for a scheduled VA psychiatric examination, finding no good cause shown.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and lower extremity nerve damage are denied. The claim to reopen a low back disability is also denied.

The Veteran's claims for service connection for right ear hearing loss and right knee disability were denied. Service connection was granted for a bone spur of the right heel, but with no compensable rating assigned.

The Board has granted service connection for hearing loss and assigned a 10 percent disability rating effective October 27, 2006. For the period prior to June 28, 2008, the Veteran's DDD of the lumbar spine was manifested by forward flexion of the thoracolumbar spine greater than 60 degrees and combined range of motion greater than 120 degrees without muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. Since June 28, 2008, the Veteran's DDD of the lumbar spine has been manifested by forward flexion of the thoracolumbar spine to 30 degrees and is rated as 40 percent disabling.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to service, with the VA audiologist concluding that they were more likely due to post-service noise exposure.

The Board has reopened the claims for service connection for bilateral hearing loss and tinnitus, finding that new and material evidence has been submitted. The Board concludes that there is a reasonable possibility of substantiating the claim for service connection for both conditions due to in-service noise exposure. As such, the claims are granted.

The Board denied an initial compensable disability evaluation for bilateral hearing loss, finding that the Veteran's numeric designations did not translate to more than a zero percent disability at any time during the rating period.

The Veteran's hip disability and bilateral hearing loss are not service-connected.,However, the Board has recharacterized the issue of cervical and lumbar spine disabilities as remanded.

The Veteran's initial rating for bilateral hearing loss was denied as his audiometric results did not warrant a compensable rating.

The Board denied the Veteran's claim for service connection for right ear hearing loss, finding that there was no evidence of a current disability and that the preponderance of the evidence did not support a link to service.

The Board has remanded the Veteran's claims of service connection for PTSD and bilateral hearing loss due to additional development being required.

The Board has determined that new and material evidence was submitted to reopen the claim for service connection for bilateral hearing loss. However, the Veteran's current hearing loss is not considered to be related to his military service due to a lack of aggravation during service and because there is no increase in severity from enlistment to separation.

The Veteran's claims for service connection for posttraumatic stress disorder and an initial compensable rating for bilateral hearing loss were denied. The Board found that there was no credible supporting evidence of in-service stressors related to posttraumatic stress disorder, and the Veteran did not engage in combat with the enemy. For hearing loss, the VA examination showed auditory acuity levels II in both ears, which do not meet the criteria for a compensable rating.

The Veteran's claim for a compensable rating for her service-connected hearing loss of the left ear has been denied as her audiometric test results do not meet the criteria for a 10 percent rating.

The Veteran's claims for service connection for bilateral hearing loss and bilateral shin splints were denied as there is no current evidence of these conditions.

The Veteran's service treatment records do not show any complaints, findings or diagnoses of impotence, hearing loss, or retinopathy during service. There is no medical evidence showing these conditions were present during service.,There are no post-service medical records indicating the presence of bilateral hearing loss until 1999, and the Veteran did not report having treated for this condition in his application for compensation.

The Board has remanded the case due to the need for a VA audiology examination and review of clinical records.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for additional verification of his Army Reserve service and for obtaining treatment records.