Hearing loss decisions — 2009

The Veteran's claims for service connection for right ear hearing loss and migraine headaches were denied, as the evidence did not support a finding that these conditions are related to his military service. The claim for an initial compensable disability rating for left ear hearing loss was also denied.

The Board has determined that the Veteran's current hearing loss, arthritis and muscle injury of the back, and left shoulder disability are not related to service. The retained shrapnel in his lower back is presumed due to combat exposure.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims of entitlement to service connection for bilateral hearing loss disability and encephalomyelitis. Service connection is now granted for chronic bilateral sensorineural hearing loss disability, but not for encephalomyelitis.

The Board has determined that the Veteran's low back condition is related to his military service and grants service connection for this condition. However, there is no evidence of bilateral hearing loss meeting VA disability compensation criteria during the appeal period.

The Board found that the Veteran's asthma and bilateral hearing loss were not incurred or aggravated by active service.

The Veteran's PTSD warrants a 100 percent disability rating as of December 12, 2008. Bilateral hearing loss and tinnitus are not service-connected.

The Board has determined that the Veteran's bilateral hearing loss disability is attributable to service and grants service connection for this condition.

The Board found no evidence of a bilateral hearing loss disability, tinnitus, right ear disability, or right knee disability in service. The appellant's complaints were not supported by medical evidence and the VA examination did not find any current disabilities related to his service.

The Board has decided to remand the Veteran's claims for service connection due to the need for additional medical records and a new examination.

The Veteran's appeal for higher ratings for PTSD and bilateral hearing loss, as well as TDIU due to service-connected disabilities, is denied. The RO will conduct further development of the PTSD claim.

The Board has ordered a new VA examination to determine if the Veteran's current bilateral hearing loss is related to his military service, including noise exposure.

The Veteran's claim for an increased rating of 20 percent for bilateral hearing loss was granted, and a new and material evidence claim for metastatic squamous cell carcinoma of the right lung was also granted. The effective date for the grant of service connection for hearing loss is August 28, 2006.

The Board has determined that the Veteran's currently shown bilateral hearing loss and tinnitus are related to service, including in-service noise exposure. As a result, the claims for service connection have been granted.

The Veteran's initial claim for a compensable evaluation for bilateral hearing loss was denied as his current disability level does not meet the criteria for a higher rating under VA regulations.

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

The Board has granted service connection for tinnitus due to acoustic trauma in service. The initial compensable evaluation for bilateral hearing loss remains denied.

The Board has reopened the Veteran's claims for service connection for right breast cancer and bilateral hearing loss due to new and material evidence. The claim for right breast cancer is granted as it is at least as likely as not related to in-service radiation exposure, while the claim for bilateral hearing loss is granted as it is at least as likely as not related to in-service noise exposure.

The Board has determined that there is no evidence to support a finding of service connection for bilateral hearing loss or tinnitus, and thus the Veteran's claims are denied.

The Veteran's tinnitus, bilateral hearing loss, and PTSD are all granted as service-connected. The Veteran was exposed to noise in Vietnam but no specific exposure basis is provided. No presumption of service connection due to the PACT Act or Agent Orange/Camp Lejeune is applicable. There is no rating assigned at this time.

The Veteran's TDIU claim is being remanded for additional development, including obtaining employment and financial records, conducting a VA examination to assess his employability due to service-connected disabilities, and providing proper VCAA notice regarding effective dates.