Hearing loss decisions — 2010

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the current disabilities are at least as likely as not related to in-service noise exposure.

The Board has granted service connection for chronic bilateral hearing loss disability and is remanding the issue of service connection for a lumbosacral spine disorder to include lumbosacral strain.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeal. As a result, no further action by the Board is appropriate.

The Board found no evidence of a hearing loss or spinal cord tumor in service, and the preponderance of the evidence is against finding that either condition is related to service. The Veteran's presumed exposure to herbicides did not establish a presumption for his T9 spinal cord tumor.

The Board found no evidence of a left great toe disability in service and denied the Veteran's claims for service connection for postoperative hallux limitus, left great toe, with degenerative joint disease. The VA audiology consultation did not show hearing loss by VA standards and denied the Veteran's claim for bilateral hearing loss. Service connection was granted for tinnitus.

The Board has determined that the Veteran's bilateral hearing loss was not incurred or aggravated by service and denied his claim. The low back disability issue is remanded as it involves a complex medical nexus.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting medical examinations to address the service connection claims. The case will be reconsidered after these actions.

The Board denied the Veteran's claim for an earlier effective date of January 8, 2008 for a 30 percent evaluation for bilateral hearing loss. The increase in disability was not factually ascertainable within one year prior to the receipt of his claim on January 8, 2008.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for service connection for bilateral hearing loss.

The VA determined that the Veteran's bilateral hearing loss was not incurred or aggravated by service, and therefore denied his claim for service connection.

The Board has determined that the Veteran's current bilateral hearing loss is at least as likely as not related to service-related acoustic trauma, and thus grants service connection for this condition.

The Veteran's claims for increased ratings for bilateral hearing loss are being remanded due to the need to obtain VA audiological testing results from September 2005 to present.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his service, including exposure to noise during active duty. Therefore, service connection for these conditions is granted.

The Veteran's claims for higher initial ratings for bilateral hearing loss and PTSD were denied. The Board found that the evidence did not meet the criteria for a rating in excess of the assigned disability ratings.

The Veteran withdrew his appeal regarding the claim of an effective date earlier than September 29, 2006 for a 40 percent disability rating for bilateral hearing loss.

The Veteran's hypertension and diabetes mellitus are service-connected due to presumed exposure to Agent Orange. His bilateral hearing loss, eye disorder, foot disorder, and arm disorder do not meet the criteria for service connection.

The Board denied the appellant's claims for service connection for bilateral hearing loss, an initial evaluation in excess of 30 percent for his psychiatric disability, and evaluations in excess of 20 percent for his cervical spine and lumbar spine disabilities. The right knee arthritis and right knee instability disabilities were also denied. No new evidence was presented to reopen the previously denied claims.

The Veteran's service-connected bilateral hearing loss is currently manifested by no worse than Level II hearing acuity for each ear, warranting a noncompensable evaluation.

The Veteran's claims for service connection are being remanded to obtain additional medical records and personnel information. The AOJ will make a second request for the Veteran's service treatment records, attempt to obtain his service personnel records, and seek any VA treatment records since January 2007.

The VA denied service connection for hearing loss, tinnitus, and PTSD. The Veteran's claims were not supported by competent medical evidence of current disabilities.