Hearing loss decisions — 2009

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical opinions regarding the etiology of his claimed disabilities.

The Veteran's hypertension is not rated as compensable.,There is no evidence of a current right knee disability.,There is no evidence of a current right shoulder disability.,There is no evidence of a current right lung disability.,There is no evidence of a current cervical spine disability.,There is no evidence of a current thoracic spine disability.,The Veteran's hearing loss does not meet the criteria for service connection.,There is no evidence of residuals of burst left ear drum other than hearing loss.,PTSD was not incurred in or aggravated by service.,Tinnitus was not incurred in or aggravated by service.,A missing partial spinal cord and congenital tethered cord syndrome were not incurred in service.

The VA determined that the Veteran's bilateral hearing loss does not warrant a compensable rating, as it is at Level I in both ears.

The Veteran's claims for increased ratings for bilateral hearing loss and recurrent dislocation of the left shoulder with degenerative changes were denied. The Veteran was assigned a 30 percent rating for his service-connected conditions, which is the maximum schedular rating available under current VA regulations.

The Board has determined that the Veteran's current hearing loss and tinnitus did not have their origin during his period of active military service. The VA audiologist's opinion was based on a full review of the claims file, including service medical records and VA examination reports. Therefore, service connection for bilateral hearing loss and chronic tinnitus is denied.

The Board has determined that the appellant's bilateral hearing loss and tinnitus are related to service, with a finding of current disability and in-service noise exposure. The claim for service connection is granted.

The Board denied the Veteran's claim of service connection for bilateral hearing loss, finding that new and material evidence had not been received to reopen the previously denied claim.

The Board has determined that the Veteran's bilateral hearing loss, diagnosed during service and continuing to the present, is related to his in-service noise exposure. The Veteran does not have a current diagnosis of PTSD or any other psychiatric disability. There is no evidence linking erectile dysfunction to military service or Agent Orange exposure.

The Veteran's bilateral hearing loss is rated at 40 percent, effective June 19, 2002. The right ankle disability was not found to be incurred or aggravated by service and thus denied.

The Board found that the Veteran does not have a current hearing loss disability for VA purposes and denied service connection for bilateral hearing loss. For his acquired psychiatric disability, the Board noted no PTSD diagnosis but diagnosed him with depression and schizoaffective disorder, finding these conditions were more likely related to post-service on-the-job trauma rather than service.

The Veteran likely has bilateral hearing loss and tinnitus that are attributable to his active military service, warranting service connection for these conditions.

The Veteran does not have sufficient hearing loss in either ear to be considered a disability by VA standards, and therefore his claim for service connection for bilateral hearing loss is denied.

The Board found that the Veteran's bilateral hearing loss pre-existed service and was not permanently worsened during service. The Board also found no current tinnitus due to service, nor did it meet the one-year presumption for organic diseases of the nervous system.

The Veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied as there was no evidence of an exceptional disability picture or that the schedular evaluations are inadequate.

The Board denied the Veteran's claim to reopen his service connection for bilateral hearing loss as no new and material evidence was submitted.

The Board has decided to remand the case for a VA audiological examination and further development due to incomplete information in previous examinations.

The Veteran's bilateral hearing loss has most recently manifested by level II hearing. The Board finds that the preponderance of the evidence is against entitlement to a compensable rating for his service-connected bilateral hearing loss.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for a more complete examination and opinion regarding the etiology of his hearing loss.

The Board has determined that the Veteran's bilateral hearing loss disability and tinnitus were not incurred in or aggravated by active service, nor may they be presumed to have been incurred in service. Therefore, service connection for these conditions is denied.

The Veteran's hearing loss in the right ear was noted upon entry into service and remained unchanged at separation. Hearing loss in the left ear is not shown to have been incurred or aggravated by service, nor presumed due to exposure to Agent Orange or other environmental factors.