Hearing loss decisions — 2009

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

The Veteran's claims for increased ratings for shrapnel wounds of the right and left legs were denied. The bilateral hearing loss disability was found to be zero percent disabling.

The Board found no evidence of right ear hearing loss during service and denied the claim for service connection.

The Veteran's claims of service connection for arthritis over the body and right ear hearing loss were denied. The Board found that there was no evidence to support a finding that these conditions had their onset in service or within one year of service, and thus could not be presumed to be related to active military service.

The Veteran's hearing loss, hemorrhoids, and pes planus were evaluated by the Board but found not to meet the criteria for a compensable disability rating.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for bilateral hearing loss. The criteria for service connection have been met, and the Veteran is granted service connection for bilateral hearing loss. Additionally, the Board found that the Veteran is entitled to a compensable disability rating for his temporomandibular joint dysfunction prior to July 16, 1994, but not greater than 20 percent from July 16, 1994, to November 15, 2001, and not greater than 30 percent from November 15, 2001, to January 28, 2004.

The Veteran's claims for service connection are dismissed as the claim for depression is part and parcel of his already service-connected PTSD. The Board finds no allegations of errors of fact or law to review.

The Veteran's claims for bilateral hearing loss and tinnitus were denied as there is no evidence of a nexus between the current conditions and service, including exposure to noise during combat.

The Veteran's appeal is being remanded for further development, including obtaining medical records and considering his claim for a TDIU. His service-connected disabilities include PTSD, hearing loss, left hand disabilities, tinnitus, and scars.

The Board has granted the Veteran's request to reopen his PTSD claim. The issues of service connection for bilateral hearing loss, tinnitus, bilateral elbow condition, and right hip condition secondary to the service-connected residuals of a fracture of left distal fibula and posterior tibial malleolus are remanded for further development.

The Board has determined that the Veteran's bilateral hearing loss, bilateral tinnitus, and left arm scar are related to his military service. The Veteran is granted service connection for these conditions.

The Veteran withdrew his appeals for the claims of service connection for bilateral hearing loss, tinnitus, asbestosis, and an initial evaluation in excess of 70 percent for PTSD with depressive disorder.

The Veteran's bilateral hearing loss, tinnitus, and otitis externa are all related to his active duty service. The Board has granted service connection for these conditions.

The Board denied service connection for bilateral hearing loss and a headache disorder due to the lack of evidence showing that these conditions were incurred or aggravated by military service.

The Veteran's increased rating claim for loss of use of the right hand was denied, and his initial rating claim for bilateral hearing loss disability was also denied. The Veteran is currently rated at 70 percent for loss of use of the right hand.

The Board has determined that the Veteran's claim for service connection for a right arm and shoulder disability, claimed as secondary to his left shoulder disability, cannot be reopened due to lack of new and material evidence. The claims for bilateral sensorineural hearing loss, tinnitus, peripheral neuropathy of the BUE, psychiatric disability, vision loss, hypertension, sexual dysfunction, and bilateral feet problems are all denied.

The Board found no evidence of current disabilities related to the Veteran's claimed conditions and denied his claims for service connection.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated by service, and thus denied his claims for service connection.

The Veteran's appeal is being remanded for a VA audiological examination to assess the current severity of his right ear hearing loss. The Veteran must cooperate by attending the scheduled examination.

The Veteran's timely substantive appeal was filed on June 4, 2007. The Board found that the appeal was timely and granted both issues of service connection for testicle pain due to hydrocele and epididymal head cyst and whether new and material evidence had been received to reopen a claim for entitlement to service connection for bilateral hearing loss.