Hearing loss decisions — 2010

The Veteran's service-connected bilateral hearing loss was evaluated as noncompensably disabling prior to January 23, 2008 and granted a 10 percent evaluation since January 23, 2008.

The Veteran's appeal is remanded to the RO for a Video Conference hearing and further development as requested. The issues include reopening of PTSD service connection, bilateral hearing loss, hypertension, antral gastritis, limitation of flexion/extension of left knee, right knee disability, lumbar spine disability, and fracture to navicular bone.

The Veteran's claim for an increased evaluation for his service-connected bilateral pes planus has been resolved, and the maximum evaluation (50%) is assigned. The appeal of whether new and material evidence has been submitted to reopen the previously denied claim of entitlement to service connection for bilateral hearing loss is dismissed.

The Board denied the Veteran's claims for service connection for urinary incontinence, peripheral neuropathy of the right and left lower extremities, tinnitus, right ear hearing loss, and left ear hearing loss. The Board found no evidence of a current disability for VA purposes.

The Veteran's appeal for an initial compensable rating for service-connected right ear hearing loss has been dismissed as the Veteran withdrew his appeal.

The Board has determined that the Veteran's bilateral hearing loss and cervical spine disorder were not incurred in or aggravated by military service, and therefore denied his claims for these conditions.

The Veteran's appeal is being remanded for a new VA audiological examination to assess the current severity of his bilateral hearing loss. The case will be returned to the Board for further review after the additional development.

The Veteran's claims for higher initial evaluations for bilateral lower extremity radiculopathy have been dismissed due to the failure to file a timely substantive appeal.,The Veteran's claims for service connection for bilateral hearing loss, right hip and left shoulder disability, right knee disability, acquired psychiatric disorder, and respiratory disability (claimed as lung disease due to asbestos exposure) have been dismissed due to the failure to file a timely substantive appeal.

The Board has granted the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that noise exposure during reserve duty more likely contributed to these conditions. The claim for sarcoidosis was denied as there is no evidence of current disability or in-service occurrence. The eye disorder claim is pending.

The Board has determined that the Veteran's left ear hearing loss did not manifest within one year of separation from service and is not related to his military service, thus denying his claim for service connection.

The Veteran's bilateral hearing loss is currently manifested by levels of impairment that do not warrant a compensable rating under the applicable VA criteria.

The Board has reopened the claim of service connection for left ear hearing loss and finds that new evidence received since the last denial supports this claim. However, the Veteran's current left ear hearing loss is not related to his active service.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the claims for service connection for hearing loss and tinnitus.

The Veteran's bilateral hearing loss and tinnitus are not service-connected, while his right hand disability is rated at 10%.

The Veteran's bilateral hearing loss has been rated at 40 percent since April 25, 2009. The Board granted a higher rating for this period.

The Veteran's bilateral hearing loss has been rated at 30 percent since February 19, 2003 and remains at that level as of December 9, 2009.

The Veteran's appeals for increased ratings and an earlier effective date have been withdrawn. The Board has dismissed these issues.

The Veteran's appeals for bilateral hearing loss and tinnitus have been withdrawn. The remaining issues of service connection for muscle spasms of the thoracic spine and a left knee disorder are addressed in this decision.

The Board denied service connection for PTSD due to the lack of a diagnosed condition and credible supporting evidence of an in-service stressor. The right leg disorder was also denied as there is no current diagnosis or link between the Veteran's current symptoms and his military service.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the nature and etiology of his claimed bilateral hearing loss, tinnitus, left ear infection, and skin disability. The claims will be readjudicated after all necessary steps are taken.