Hearing loss decisions — 2009

The Board has determined that the appellant's service-connected disabilities (bilateral hearing loss, major depressive disorder, and tinnitus) render him unable to obtain or retain substantially gainful employment.

The Board found that the Veteran did not meet the criteria for service connection for bilateral hearing loss, hypertension, residuals of frostbite, or PTSD due to lack of evidence showing these conditions were incurred in or aggravated by military service.

The Board has determined that the Veteran's left ear hearing loss and chronic tinnitus were not incurred or aggravated by his period of active military service, nor can they be presumed to have been so incurred. The evidence does 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 disability and tinnitus, finding that new evidence did not raise a reasonable possibility of substantiating the claim. The Board also found no nexus between the claimed conditions and service.

The Veteran is seeking service connection for bilateral hearing loss and tinnitus, which he attributes to noise exposure during his naval service. The appeal is being remanded due to the need to obtain additional medical records.

The Board has determined that the Veteran does not have right ear hearing loss or tinnitus that is attributable to his military service.

The Board has granted service connection for tinnitus and an initial noncompensable rating for bilateral hearing loss. The Veteran's tinnitus is attributable to service, while his hearing loss does not meet the criteria for a compensable evaluation.

The Board found that the Veteran's service treatment records do not show a bilateral hearing loss disability as defined by VA regulation during active service or for many years thereafter, and there is no competent evidence of a nexus between a current diagnosis of bilateral hearing loss and any incident of service, to include claimed in-service exposure to acoustic trauma. As such, the claim for service connection for bilateral hearing loss was denied.

The Veteran's disability rating for sensorineural bilateral hearing loss was reduced from 60% to 50%, effective August 1, 2007. The reduction is proper as the evidence shows improvement in his condition.

The Board has determined that the appellant does not meet the threshold eligibility requirements for VA compensation benefits due to a lack of verified active military, naval, or air service.

The Veteran's service-connected disabilities, including PTSD, sensorineural hearing loss, traumatic amputation of the right thumb, hypertension, and tinnitus, are found to be sufficient for a TDIU rating.

The Veteran's claim for a rating in excess of 30 percent for bilateral hearing loss was denied, and his TDIU claim was also denied. The Board found that the evidence did not support an increased rating for his service-connected bilateral hearing loss or a finding that he is unemployable due to his service-connected disabilities.

The Board has remanded the case for additional development due to incomplete service records and missing ear surgery records.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his in-service noise exposure. Service connection was denied for PTSD due to lack of credible supporting evidence for the claimed stressors.

The Veteran's claim for a compensable evaluation for his service-connected bilateral hearing loss was denied by the Board. The evidence showed that the Veteran had no more than level I hearing in both ears, which did not meet the criteria for a compensable rating.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including VA outpatient treatment records, surgical reports, an audiogram dated between 2005 and 2007, and a magnetic resonance imaging (MRI) of the lumbar spine.

The Board denied the claims for CUE in the March 4, 1963 rating decision and July 13, 1981 rating decision. The Veteran's service connection claims were found to be properly decided based on direct evidence.

The Board has determined that the Veteran's current bilateral sensorineural hearing loss is related to his in-service noise exposure, and thus grants service connection for this condition.

The Veteran's appeal for TDIU is being remanded due to the need for additional VA examinations and the retrieval of relevant medical records. The issue will be re-adjudicated after these actions.

The Board has denied the Veteran's claims for service connection for residuals of a right foot injury, tinnitus, hypertension, carpal tunnel syndrome, cervical spine disability, and bilateral hearing loss as there is no evidence of an in-service disease or injury that could be linked to these conditions.