Hearing loss decisions — 2009

The Veteran's hearing acuity prior to January 29, 2009 was not shown to be worse than level II in either ear. From January 29, 2009, the Veteran's acuity is now shown to have been worse than level V in the right ear or worse than level IV in the left ear. A compensable rating for the Veteran's bilateral hearing loss was not warranted prior to January 29, 2009 and a rating in excess of 10 percent from that date is also denied.

The Board found no evidence of current hearing loss or tinnitus, and the VA examiner opined that any current right foot disability is not related to service. The Veteran's claims for these conditions were therefore denied.

The Board denied the Veteran's claims for initial compensable ratings for left ear hearing loss, migraine headaches, a right ankle disability, and a left ankle disability. The appeals were based on direct service connection.

The Veteran's appeal is being remanded due to the lack of verification for his claimed in-service stressor and because he has asserted that his hearing loss disability has worsened since his last VA examination. The case will be reconsidered after these issues are addressed.

The Veteran's claimed disabilities are not presumed to have been incurred in service due to exposure to ionizing radiation. The Board finds that the evidence does not support a finding of service connection for any of these conditions.

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and medical opinions regarding his service connection claims.

The Veteran's claims for service connection for various conditions were denied. The Board found that the evidence did not show a verified in-service stressor for PTSD, and there was no indication of exposure to herbicide or asbestos during service.

The Board found that the Veteran's current bilateral hearing loss is not related to service, and denied his claim for service connection.

The Veteran's service-connected bilateral hearing loss does not meet the criteria for a compensable rating. His residuals of closed head injury have also been rated as noncompensable.

The Board has determined that the Veteran's right ear hearing loss disability is related to his noise exposure during military service, and therefore grants service connection for this condition. However, there is no evidence of left ear hearing loss in service or within one year post-service, so service connection for a left ear hearing loss disability is denied.

The Board has determined that the Veteran's claims for service connection of bilateral lower extremity peripheral neuropathy, bilateral hearing loss, tinnitus (reopened), skin cancer, and diabetes mellitus are not supported by competent evidence. The conditions were either not shown to be related to service or did not manifest until years after service.

The Veteran's claim of entitlement to an initial compensable evaluation for bilateral hearing loss is being remanded due to the need for further examination and consideration of functional effects caused by the hearing disability.

The Board has determined that the Veteran's claimed conditions, including right ear hearing loss, tinnitus, PTSD, bilateral pes planus, bilateral heel spurs, and a bilateral ankle disability, are not related to his military service. The Veteran did not exhibit these conditions in service or within one year after discharge, and there is no evidence of their onset during active duty.

The Veteran's tinnitus, epilepsy, and headaches have been granted service connection. The Veteran is assigned a 10 percent disability rating for his epilepsy, effective from the date of this decision.

The VA determined that the appellant does not have a hearing loss disability for VA purposes and denied his claim for service connection for bilateral hearing loss. The VA also found no etiological link between the appellant's military service and tinnitus, thus denying his claim for service connection for tinnitus.

The Board found that the Veteran's right hip disorder, bilateral hearing loss, and low back disorder were not incurred or aggravated by active service. The preponderance of evidence did not support a finding that these conditions existed prior to service or were related to service.

The Board has determined that the Veteran's heart disorder was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred therein. The Veteran's current bilateral hearing loss is also not related to his service and a new VA examination is needed as evidence of worsening since the last evaluation.

The Board denied the Veteran's claims for service connection for degenerative changes of the lumbar spine, an initial compensable rating for bilateral hearing loss, and a higher rating for tinnitus.

The VA denied the Veteran's claims for service connection for right ear hearing loss and tinnitus, finding that there was no current diagnosis of these conditions for VA purposes.

The Board found that the veteran's current bilateral hearing loss disability was not incurred or aggravated during service and denied his claim for service connection.