Hearing loss decisions — 2009

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board is considering whether new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for hearing loss disability. The case will be remanded for a hearing before a Veterans Law Judge sitting at the RO.

The Veteran's claims for higher ratings for his right eye condition and bilateral hearing loss, as well as his claim for a TDIU, are being remanded due to the need for additional examinations and development of evidence.

The Veteran's appeal is being remanded to the RO for further development, including obtaining medical records and arranging for a VA audiological examination. The case will be reviewed again after these steps are completed.

The Veteran's service-connected disabilities, including scoliosis and degenerative disc disease of the lumbar spine, major psychoneurosis and hypochondriasis with manifestations of functional back pain, tinnitus, and bilateral hearing loss, prevent him from engaging in substantially gainful employment. The Board grants a TDIU based on these conditions.

The Board denied the Veteran's claims for service connection for residuals of ear infection with fever, bilateral hearing loss, a chronic upper gastrointestinal disease (claimed as a stomach disorder), and congestive heart failure or dilated cardiomyopathy. The evidence did not support a nexus between any current conditions and service.

The Veteran's appeal is being remanded due to insufficient examination report and the need for additional medical records, including SSA disability benefits records.

The Board denied the Veteran's claims for service connection for low back disability, bilateral hearing loss, tinnitus, and bilateral eye disorder. The evidence did not support a finding of direct service connection for any of these conditions.

The Board found that the Veteran's bilateral hearing loss and recurrent tinnitus did not become manifest during service or are otherwise related to service. Therefore, the claims for service connection were denied.

The Board has granted service connection for hearing loss and assigned a 10 percent evaluation for migraine headaches prior to June 30, 2008. The Veteran's claim for an increased rating for migraine headaches after June 30, 2008 is also granted.

The Board found that the Veteran's current diagnoses of bilateral hearing loss and tinnitus do not have a direct relationship to his military service, as there is no evidence of such conditions during or immediately after service. The Board also noted that the gap in medical records between service discharge and first reported symptoms of hearing loss and tinnitus strongly suggests these conditions are not related to service.

The Veteran's initial compensable rating for bilateral hearing loss prior to November 20, 2008 is denied. A rating in excess of 70 percent from November 20, 2008 is granted.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss, finding that there is no evidence to support a link between his current condition and his military service.

The Board has remanded the case due to incomplete medical records and a need for additional examination.

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to his active service, and thus denied his claim for service connection.

The Board denied service connection for bilateral hearing loss and residuals of frostbite to the fingers, finding that there was no evidence linking these conditions to service or post-service exposure. The Veteran's current hearing loss was attributed to post-service acoustic trauma, while his claimed frostbite residuals were not supported by medical evidence.

The Veteran's appeal is being remanded for further examination and development of his hearing loss disability.

The Board has determined that the Veteran's preexisting bilateral flat feet was not aggravated by active military service, and thus denied his claim for service connection.

The Board has dismissed the appeal for hypertension due to withdrawal. Service connection is denied for bilateral hearing loss and tinnitus as they are not related to service or noise exposure.

The Veteran's claims of service connection for allergic rhinitis, bilateral hearing loss, and tinnitus are being remanded due to the need for additional medical records and examinations.