Hearing loss decisions — 2009

The Board found no clear and unmistakable error in reducing the evaluation for otitis media, non-suppurative, right ear from 10 percent to zero percent. The Veteran's claim for an earlier effective date for a 10 percent evaluation for right ear hearing loss was also denied.

The Veteran's appeal is being remanded for an additional VA examination to determine the etiology of his bilateral hearing loss, which was conceded to be related to service exposure. The examiner must provide a reasoned medical explanation connecting the bilateral hearing loss to service.

The Veteran's appeal for an initial compensable disability evaluation for bilateral hearing loss has been denied by the Board of Veterans' Appeals.

The Veteran's appeal is being remanded for a VA examination to assess the current severity of his bilateral hearing loss, and for any additional treatment records.

The Board found that the Veteran's bilateral hearing loss was not incurred in or aggravated by active service and sensorineural hearing loss may not be presumed to have been incurred therein.

The Board has determined that the VA opinion is inadequate and remands the case for a supplemental opinion to determine if the Veteran's current hearing loss and tinnitus are related to service, including in-service noise exposure.

The Veteran's claims for bilateral hearing loss and tinnitus were denied as there is no evidence of current disabilities related to service.

The Veteran's appeal is being remanded due to issues related to service connection for various conditions, including right ear hearing loss and heart disability. The case will be scheduled for a video conference Board hearing.

The Veteran's service connection claims for a heart condition, acquired mental disorders, bilateral hearing loss, hypertension, and diabetes have been denied. The Board found that the Veteran did not meet the criteria for presumptive service connection for his bilateral hearing loss due to lack of evidence showing such disability within one year after discharge from service. Service connection was also denied for hypertension as new and material evidence had not been received sufficient to reopen the claim, and diabetes was not related to herbicide exposure.

The Board has reopened the Veteran's claim of service connection for left ear hearing loss and finds that new evidence received since the last denial raises a reasonable possibility of substantiating the underlying claim. The Board also finds that the Veteran's current diagnosis of left ear hearing loss is related to in-service noise exposure.

The Veteran's tinnitus is found to be due to service, and the Board grants service connection for this condition. The issues of higher initial rating for bilateral hearing loss and service connection for numb fingers are remanded.

The Veteran's claim for a higher rating for his service-connected bilateral hearing loss is being remanded due to the need for additional examination and evaluation of his condition.

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

The Board has determined that the appellant's current bilateral hearing loss, tinnitus, and skin disorder (claimed as jungle rot) are all as likely as not related to service exposure. Therefore, these conditions have been granted service connection.

The Veteran's service-connected conditions do not prevent him from securing and following a substantially gainful occupation.

The Board found that the Veteran did not have a right knee disability in service and that it did not manifest within one year of separation. The Board also determined there was no evidence linking the current right knee disability to service or to his left foot disability, which is already service-connected. Therefore, the claim for service connection for a right knee disability secondary to a left foot disability was denied.

The Board has determined that the Veteran's claimed bilateral hearing loss and tinnitus are not related to service, and thus denied both claims.

The Board found that the Veteran's currently diagnosed bilateral hearing loss is not related to military service and denied her claim for service connection. For the residuals of hysterectomy, the Board determined there was no evidence of negligence or fault on the part of VA medical personnel in providing treatment, thus denying her claim under 38 U.S.C.A. § 1151.

The Board found that the Veteran's current hearing loss disability did not have onset during active service or within one year of separation for active service and is not otherwise etiologically related to his active service. Therefore, the claim for service connection for bilateral hearing loss was denied.

The Board denied the Veteran's claims for increased evaluation of shrapnel fragment wound, service connection for PTSD, bilateral hearing loss, bilateral peripheral neuropathy, and low back disorder. The decision also noted that the Veteran withdrew his appeal for service connection of peripheral neuropathy.