Hearing loss decisions — 2010

The Board has remanded the case for additional development due to inadequate examination and lack of audiometric results.

The Board found that the Veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by service, and denied both claims.

The Veteran's initial claim for left ear hearing loss was granted with a non-compensable rating effective May 6, 2004. The Board denied the claims for an earlier effective date and service connection due to lack of evidence showing a claim within one year of discharge or prior to May 6, 2004.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records, including those from VA and non-VA providers. The purpose of the examination is to determine the current severity of his service-connected bilateral hearing loss disability and its functional effects on his activities under ordinary conditions of daily life.

The Board found that the reduction in the Veteran's disability rating for bilateral hearing loss from 30 percent to noncompensable was warranted due to clear and unmistakable error in the initial rating decision. The evidence did not show improvement in his hearing condition.

The Board has reopened the Veteran's claim of service connection for bilateral hearing loss and determined that new evidence supports a link between his current hearing loss and military service, including noise exposure during active duty.

The Board has determined that the Veteran's tinnitus and hearing loss are as likely as not due to in-service noise exposure, warranting service connection for both conditions.

The Board has determined that the Veteran's bilateral hearing loss is related to his service, including his time in diesel submarines. As a result, the claim for service connection for bilateral hearing loss is granted.

The Board has granted a 10 percent evaluation for bilateral hearing loss, effective from the date of the claim. The Veteran's headaches with dizziness claim was denied as new and material evidence had not been submitted to reopen this previously denied claim.

The Board has determined that further development is needed to determine the Veteran's service connection claims, including verifying his alleged Vietnam service and obtaining additional medical opinions regarding his hearing loss.

The Board has decided to remand the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to incomplete medical records, lack of examination, and need for further development.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and records.

The Board found no evidence of hearing loss in service or within several years thereafter, and the Veteran's current bilateral hearing loss is not related to his active service. The Board also found that tinnitus was incurred during active service.

The Veteran's service-connected bilateral hearing loss has been rated at 0 percent, as the audiometric test results do not meet the criteria for a higher rating under VA's Schedule for Rating Disabilities.

The Board found that the Veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by active service, and denied both claims.

The Veteran's claim is being remanded for further evaluation of his hearing loss, specifically the December 1998 audiogram. The rating for his bilateral hearing loss will remain at 10 percent until further notice.

The Veteran's initial claim for a compensable rating for bilateral hearing loss prior to June 24, 2009 was denied. As of June 24, 2009, the Veteran's disability was rated as noncompensable (0 percent) due to worsening symptoms.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and his claim for TDIU is denied.

The Board found that the Veteran does not have a current hearing loss disability for VA purposes and concluded that tinnitus was less likely than not related to service. Therefore, both claims were denied.

The Board has granted a 10 percent rating for the Veteran's bilateral hearing loss disability, effective from April 16, 2009.