Hearing loss decisions — 2009

The Board has remanded the case to accommodate the Veteran's request for a video-conference hearing before the Board.

The Veteran's bilateral hearing loss is not at a level of severity to warrant a compensable schedular evaluation.

The Veteran's bilateral hearing loss was not present during service, was not manifest within a year after separation from service, and the current bilateral hearing loss did not develop as a result of any incident during service. The Board concludes that bilateral hearing loss was not incurred in service.

The Board found that the Veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by active service, nor may they be presumed to have been so incurred or aggravated.

The Veteran's claim for a higher rating for his service-connected bilateral hearing loss was granted, with the effective date being January 25, 2007. He is now assigned a 20 percent rating.

The Board is remanding the case for additional development to ensure compliance with Hupp v. Nicholson, including providing proper VCAA notice.

The Veteran's claim for service connection for hearing loss is denied. However, the Veteran was granted service connection for outpatient treatment of his lost teeth due to trauma in service.

The Veteran's service connection claims for residuals of right ankle contusion, bilateral lower extremity numbness (including bilateral peripheral neuropathy), chronic vision disorder, right ear hearing loss, and left ear hearing loss were denied. The Board found that the evidence did not establish a nexus between these conditions and active service or a service-connected disability.

The Board granted service connection for bilateral hearing loss and bilateral tinnitus effective June 2, 2004 on the basis of new evidence. The Veteran's original claim was denied in October 1970 and July 1972 due to lack of new factual basis. He submitted a statement seeking earlier effective date on June 2, 2004.

The Board finds that the Veteran does not have hearing loss or tinnitus that is attributable to his military service.

The Board has determined that a new VA audiological examination is warranted to evaluate the Veteran's bilateral hearing loss claim, as almost four years have passed since his last VA examination.

The Board finds that the Veteran does not have a current diagnosis of Meniere's disease and thus, service connection for this condition is denied.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not originate during his period of active service or within one year thereafter, and are not otherwise related to any period of service. The claim for service connection is therefore denied.

The Board found that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated by active service, and denied both claims.

The Veteran does not have a diagnosed thoracolumbar spine, right shoulder, right elbow, bilateral ankle, or right knee disability that was incurred in service. The Veteran's hearing loss is also not considered to be related to service.

The Board has determined that the Veteran's sensorineural hearing loss of the left ear is related to his in-service noise exposure as a Field Artillery Officer, and thus grants service connection for this condition.

The Board has remanded the case due to new evidence submitted, but denied service connection for tinnitus and bilateral hearing loss. The decision on whether to reopen the claim of bilateral hearing loss is pending.

The Veteran's claims for service connection for a right knee disability, left ear hearing loss, and tinnitus are being remanded due to the need for additional medical examinations and opinions.

The Board has determined that the Veteran's service-connected PTSD contributed to his death, and thus grants service connection for cause of death.

The Board found that the Veteran's post-surgical complications were reasonably foreseeable and did not meet the criteria for compensation under 38 U.S.C.A. § 1151.