Hearing loss decisions — 2010

The Board dismissed the appeal because the Veteran died during the pendency of the appeal and thus has no jurisdiction to adjudicate the merits of this claim.

The Veteran's service-connected left ear hearing loss is manifested by a decibel loss of 48 and a speech discrimination score of 96 percent, resulting in Level I hearing acuity. The criteria for an initial compensable rating have not been met.

The Board has determined that the Veteran's bilateral hearing loss disability is service-connected, as it is at least in equipoise with the evidence and the benefit of the doubt doctrine will be applied.

The Veteran's service-connected bilateral hearing loss has rendered him unable to secure and follow substantially gainful employment, warranting a TDIU rating.

The Board has remanded the case for further development, including obtaining a VA examination and medical opinion regarding the Veteran's bilateral hearing loss disability and tinnitus.

The Veteran's bilateral hearing loss resulted in marked interference with his employment as a trial attorney, warranting an extraschedular rating of 20 percent effective November 27, 2007.

The Board found that the Veteran's bilateral hearing loss and tinnitus did not manifest in service or within one year thereafter, and there was no credible evidence linking these conditions to his military service. As such, the claims for service connection were denied.

The Board denied the Veteran's claims for a compensable rating for bilateral hearing loss on both schedular and extraschedular bases.

The Veteran's hearing loss was not found to be related to his military service and the Board denied his claim for service connection.

The Veteran's claim for an initial compensable evaluation for bilateral hearing loss disability was denied. The Board found that the preponderance of evidence did not support a higher rating, as his hearing acuity at worst reached Level II in both ears, which corresponds to zero percent under Table VII.

The Board denied the Veteran's claims for increased ratings for his bilateral hearing loss, finding that the evidence did not meet the criteria for higher ratings prior to February 18, 2010 and from February 18, 2010 onwards.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his active duty service, and thus denied both claims.

The Board has found that a new VA audiological examination is necessary due to the appellant's belief that his bilateral hearing loss has worsened since his last examination.

The Board denied service connection for left ear hearing loss, hemorrhoids, and spasms of the lower back. The Veteran did not meet the criteria for these conditions according to VA standards.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran has PTSD, but did not meet the criteria for higher initial or increased disability ratings.

The Veteran's claim for an increased rating for bilateral hearing loss was denied.

The Veteran's service-connected PTSD, tinnitus, and bilateral hearing loss have rendered him unemployable due to his inability to perform substantially gainful employment consistent with his educational and occupational background.

The Board denied the appellant's claims for service connection for a left shoulder disability, cystic fibrosis in the breast, and bilateral radiculopathy of the upper extremities. The claim for increased rating for sinusitis was also denied. The claim for compensable rating for status post left tympanic membrane operation (claimed as cholesteatoma) and left ear hearing loss were not addressed due to a separate issue with cystic fibrosis in the breast.

The Board has remanded the case for additional development due to new evidence received by the RO and a need to issue a VCAA letter on service connection for tinnitus.

The Board found that the Veteran's hearing loss and tinnitus were not incurred in or aggravated by active duty service. The evidence did not establish a link between his current conditions and military service.