Hearing loss decisions — 2009

The Veteran's increased disability ratings for PTSD, compression fractures and degenerative changes of the lumbar spine, and bilateral hearing loss were denied. The appeal is based on direct service connection.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and an initial disability evaluation in excess of 50 percent for PTSD have been granted. The claim for TDIU is remanded.

The Veteran's claims for bilateral hearing loss, heart disorder, right foot drop, right and left knee disorders, and right and left hip disorders were denied as these conditions did not develop during active service or are otherwise not related to service.

The Veteran's service connection claims for bilateral hearing loss, chronic tinnitus, hypertension, arteriosclerosis, chronic nephritis, endocarditis, brain thrombosis, and cardiovascular disease were all denied as the evidence did not show that any of these conditions were incurred or aggravated by active military service.

The Board dismissed the appeal due to the appellant's death during the pendency of his appeal.

The Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder (including PTSD), left hand disability, and left wrist disability were denied. The Board found no evidence of a current disability meeting VA criteria for hearing loss or arthritis, and the medical evidence did not support a finding that these conditions are related to service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of chronic conditions during or within one year after service, and no indication of continuity of symptoms following separation from service.

The Board denied the Veteran's claims for service connection for hypertension, increased disability rating for PTSD, and increased (compensable) disability rating for bilateral hearing loss.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of a current disability or a link between his military service and these conditions.

The Board has remanded the case due to inadequate VA examination reports and the need for additional evidence, including Social Security Administration (SSA) records.

The Veteran's right ear hearing loss with dizziness is not service-connected under the provisions of 38 U.S.C. § 1151, as it was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has remanded the case due to inadequate examination and further development is required.

The Veteran's claims for increased ratings for left ear hearing loss and chronic recurring otitis media of the left ear with effusion were denied. A separate rating was not granted for a vestibular disorder associated with his service-connected chronic otitis media.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to noise exposure during his military service, with aggravation of pre-existing conditions. The appeal is granted for both issues.

The Board has determined that the Veteran's tinnitus is related to his service-connected bilateral hearing loss, and thus grants the claim of entitlement to service connection for tinnitus on a secondary basis.

The Veteran's appeal is being remanded for a Travel Board hearing at the RO.

The Board has determined that the VA did not satisfy its duty to assist and has remanded the case for further development, including scheduling a VA audiological examination.

The Veteran's claim for service connection for PTSD was denied due to lack of credible supporting evidence for the occurrence of in-service stressors. The claim for an earlier effective date for a 70% rating for bilateral hearing loss was not met as there is no factually ascertainable increase in disability prior to August 24, 2005.

The Veteran's service-connected disabilities have been evaluated based on the criteria provided. The Board has determined that the preponderance of the evidence is against the claims for increased ratings, and thus the appeals are denied.

The Board has determined that additional development is needed for the Veteran's claims of service connection for bilateral hearing loss and neck injury. The case is being remanded to allow for a VA examination to determine if these conditions are related to his military service.