Hearing loss decisions — 2009

The Board has ordered a VA examination to determine if the Veteran's current bilateral hearing loss and tinnitus are related to his service, specifically exposure to loud machinery and firing of 40 mm guns during active service. Additional VA treatment records will also be obtained.

The Board has determined that the Veteran's preexisting left ear hearing loss became worse during active service, and therefore grants service connection for this disability.

The Veteran's service-connected right knee degenerative arthritis and bilateral hearing loss were not rated higher than noncompensable, as the evidence did not support a finding of more severe impairment.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, granting service connection for both conditions.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated by active service, nor may they be presumed to have been so incurred. As a result, the claims for service connection are denied.

The Veteran's motion for revision of the February 2001 rating decision based on CUE was dismissed without prejudice to refiling.,The Veteran's motion for revision of the May 2002 rating decision based on CUE was also dismissed without prejudice to refiling.

The Veteran's service-connected right eye disability is currently rated at 30 percent and his nonservice-connected left eye has visual acuity of 20/25. The Veteran's bilateral hearing loss is currently rated at 30 percent.,The Board remanded the case to consider whether a TDIU should be granted on an extra-schedular basis.

The Veteran's appeal for an increased rating for bilateral hearing loss has been dismissed due to the death of the appellant.

The Veteran's bilateral hearing loss was evaluated as noncompensable throughout the rating period on appeal due to impairment levels not meeting criteria for a compensable evaluation.

The Veteran does not have a hearing loss disability for VA purposes and therefore, service connection for bilateral hearing loss is denied.

The Board has granted service connection for bilateral hearing loss and found that the evidence is in equipoise as to whether the Veteran's current bilateral hearing loss disability originated during his military service. The claim of reopening for Meniere's disease due to mustard gas exposure was not addressed, as it is a separate issue.

The Board found no evidence of current hearing loss or tinnitus in the right ear for VA purposes, and thus denied service connection for bilateral sensorineural hearing loss. The Veteran's left ear hearing loss and recurrent tinnitus were not linked to his active service.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected bilateral hearing loss. The issue remains whether he should receive an initial compensable disability rating.

The Board has determined that the Veteran's tinnitus and bilateral hearing loss are service-connected, with the latter condition not being linked to in-service noise exposure.

The Veteran's claims for an effective date earlier than June 30, 2004 for a 70 percent rating for PTSD and a TDIU based on service-connected PTSD are denied as there was no pending claim prior to that date.

The Board has found that the Veteran's tinnitus is related to in-service noise exposure and granted service connection for this condition. The hearing loss claim will be remanded as it requires additional development.

The Veteran's claims for increased ratings for tinnitus and bilateral hearing loss were denied as there is no legal basis to assign higher schedular ratings.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are not related to his military service, and thus denied his claims for service connection.

The Board has decided to remand the case for additional development, including obtaining a VA audiology examination and medical opinion regarding the Veteran's bilateral hearing loss and tinnitus.

The Board has determined that the Veteran does not currently have a 'hearing loss disability' as defined by VA regulation, and therefore, service connection for bilateral hearing loss is denied.