Hearing loss decisions — 2009

The Board denied an increased rating for trigeminal neuralgia, but also denied service connection for bilateral hearing loss and tinnitus. The Veteran's left foot drop was remanded.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus are being remanded for a VA examination to determine the nature and etiology of these conditions.

The Board found that the Veteran's bilateral hearing loss was related to service, but his right ear vestibular neuritis was not.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for bilateral hearing loss, but did find that new and material evidence had been submitted to reopen the claim for tinnitus. The claim for service connection for tinnitus was denied.

The Board denied the veteran's claims for an earlier effective date for a 100 percent evaluation of Meniere's syndrome, special monthly compensation based on being housebound, and total disability rating for compensation purposes based on individual unemployability.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for tinnitus and hearing loss due to VA treatment in December 2001 were denied as there was no evidence of an additional disability proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA, or by an event not reasonably foreseeable.

The Board denied the Veteran's claim for service connection for bilateral hearing loss as there was no evidence of hearing loss during service or within one year after service, and no competent medical evidence suggesting a link between the current condition and his period of active military service.

The Veteran's claim for service connection for left ear hearing loss was granted, while the claim for right ear hearing loss was denied.

The Board denied service connection for bilateral hearing loss and tinnitus as the evidence did not support a finding that these conditions were incurred in or aggravated by active military service.

The Board denied service connection for a bilateral leg disorder, bilateral ankle disorder, and hearing loss. The claim for service connection for headaches was also denied. However, new and material evidence was found to reopen the claim for a bilateral knee disorder.

The appeal is remanded for further development and readjudication of the Veteran's claim.

The Board denied service connection for bilateral hearing loss, tinnitus, and prostate cancer and its residuals, including impotence and metastatic bone cancer, as there was no evidence that these conditions were caused by or aggravated by active service.

The veteran's diabetes mellitus, type II, is presumed to have been incurred during active military service. The claims for PTSD, bilateral hearing loss, tinnitus, hypertension, cardiac condition, and CFS were denied.

The Board denied the veteran's claims for service connection for hypertension, post-traumatic stress disorder (PTSD), and an initial compensable rating for bilateral hearing loss.

The appeal is remanded to reschedule a Travel Board hearing regarding the Veteran's claims for service connection and applications to reopen.

The appeal is remanded to the RO via the Appeals Management Center (AMC) in Washington, D.C., for scheduling a Travel Board or videoconference hearing as requested by the Veteran.

The Board denied the Veteran's claim for service connection for bilateral hearing loss as there was no medical evidence of record documenting hearing loss during service or many years thereafter, and the preponderance of the evidence was against a finding that a current diagnosis of a bilateral hearing loss disability began during or as the result of any incident of service.

The Veteran's PTSD was rated at 30%, then increased to 50% and finally to 70% for the periods specified. The claims for service connection for bilateral hearing loss and tinnitus were denied.

The Board grants service connection for bilateral hearing loss, as the evidence is at least in equipoise and supports a finding that the Veteran's current hearing loss is related to his military service.

The Board concluded that the May 2001, April 2002, and August 2002 rating decisions were not clearly and unmistakably erroneous in assigning an effective date of July 6, 1999, for service connection for PTSD, GERD, and hearing loss. An earlier effective date is precluded by law.