Hearing loss decisions — 2010

The Veteran's claims for a compensable initial rating for bilateral hearing loss and an initial rating in excess of 10 percent for pseudofolliculitis barbae were denied as the evidence did not meet the criteria for higher ratings under VA regulations.

The Veteran's claims for service connection for fibromyalgia, right ear hearing loss disability, and gastroesophageal reflux disease were denied as the evidence did not establish a direct relationship between these conditions and his military service.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus is being remanded due to the need for additional development, including obtaining private medical records and scheduling a VA examination.

The Veteran's claim of entitlement to an initial compensable rating for bilateral hearing loss has been granted, but the RO needs to schedule a VA examination to assess the current severity and nature of his hearing loss.

The Veteran's bilateral hearing loss is currently rated at 60 percent, and the evidence does not support a higher rating.

The Board has determined that the Veteran's currently diagnosed tinnitus and bilateral hearing loss are not related to military service, and therefore denied his claims for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and arranging for a VA examination to determine the nature, extent, and etiology of his hearing loss and tinnitus.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his active service, with evidence supporting a nexus between these conditions and his military exposure. As such, both claims for service connection have been granted.

The Veteran's appeal is being remanded for further development of his hearing loss claim, including obtaining medical records and scheduling VA examinations.

The Veteran's initial rating for bilateral hearing loss was granted, but it is noncompensable. The VA found that the audiometric testing did not show any worse than Level II hearing in each ear and no significant effects on employment or usual daily activities.

The Veteran's service-connected disabilities render him unable to protect himself from the hazards and dangers of his daily environment without the regular aid and assistance of another person, warranting special monthly compensation based on the need for the aid and attendance of another person.

The Board has granted the Veteran's claim for service connection for tinnitus, finding that it is at least as likely as not related to his military service. The hearing loss disability issue remains pending and will be remanded for further development.

The Board denied the Veteran's claims for service connection for right knee disability and bilateral hearing loss, as well as his request to reopen a claim of service connection for lumbar spine fusion. The TDIU claim was granted effective June 10, 2002, but no earlier. SMC benefits were not awarded based on the Veteran's unemployability due to service-connected disability.

The Board has determined that the evidence received since the January 2001 rating decision is not new and material, thus denying the reopening of the previously denied claim for service connection for bilateral hearing loss.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's service-connected bilateral hearing loss has been rated as noncompensable since November 5, 2004. The Board found that the Veteran's hearing acuity did not meet criteria for a compensable rating under VA's Schedule for Rating Disabilities.

The Veteran's bilateral hearing loss was rated at 10 percent from March 22, 2006 to March 6, 2009 and increased to 30 percent beginning on March 7, 2009. The higher rating is based on the exceptional patterns of hearing impairment as contemplated under VA regulations.

The Veteran's claim for a higher rating for his service-connected bilateral hearing loss was denied as the evidence did not show that his hearing loss warranted a compensable disability rating. The Board found that the preponderance of the evidence supported the noncompensable rating assigned by the RO.

The Veteran's service-connected disabilities, including PTSD, hearing loss, traumatic amputation of the right thumb, hypertension, and tinnitus, preclude him from securing or following substantially gainful employment. The Board finds that he is entitled to a total disability rating based on individual unemployability.

The Veteran's claim for increased ratings for bilateral hearing loss prior to February 16, 2010 and on and after that date has been denied as his hearing impairment did not meet the criteria for a rating in excess of 30 percent.