Hearing loss decisions — 2010

The Veteran's appeals for initial compensable rating and a higher rating for bilateral hearing loss (to include fungal infections) prior to September 20, 2007, and from September 20, 2007, have been dismissed as the Veteran withdrew his appeals.

The Board found that the Veteran's bilateral hearing loss was not incurred in or aggravated during service and denied his claim for service connection.

The Board has denied the Veteran's claims for service connection for various conditions, finding that there is no competent and persuasive evidence to support these claims.

The Veteran's TDIU claim is being remanded for further medical development regarding his service-connected hearing loss.

The Veteran's appeal for an increased rating for bilateral hearing loss has been dismissed as he withdrew his appeal prior to the Board making a decision.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of in-service noise exposure or a continuity of symptomatology. The Board also found that the Veteran's current cervical spine and lumbar spine disorders were not related to his active duty service.

The Board has denied the Veteran's claims for service connection for left ear hearing loss and left knee disability, finding no evidence of current disabilities meeting VA criteria. The claim for PTSD was not addressed as it was accepted as a new issue.

The Board has remanded the case for additional development and a hearing before a decision review officer at the RO.

The Board denied the Veteran's claim for an earlier effective date for nonservice-connected pension, finding that the earliest assignable effective date is July 19, 2007.

The Veteran's bilateral hearing loss disability is currently rated at 20 percent, effective May 6, 2009.

The Veteran's service-connected disabilities (PTSD, tinnitus, and bilateral hearing loss) do not meet the threshold minimum percentage requirements for TDIU due to their combined disability evaluation of 60 percent. However, the case is being remanded as there are insufficient records on file to determine his employability.

The Veteran's claim for service connection for a right leg disability was denied, and his claim for an initial compensable evaluation for bilateral hearing loss remains pending.

The Board has remanded the case for additional development, including obtaining medical records and verifying service dates. The Veteran's claim of entitlement to service connection for bilateral hearing loss will be readjudicated after these actions.

The Board has determined that the Veteran's tinnitus was incurred during his active service and granted service connection for it. For his bilateral hearing loss, the Board found that the evidence did not support a higher initial rating as there were no more than auditory acuity levels II in the left ear and IV in the right ear.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are likely due to noise exposure during his active service, and thus grants service connection for these conditions.

The Board found that the Veteran's current bilateral hearing loss is not related to his service, including in-service noise exposure. As a result, the claim of entitlement to service connection for bilateral hearing loss was denied.

The Veteran's right ear hearing loss disability is not service-connected.,The Veteran's left ear hearing loss disability was first manifested many years after service and is not related to service.

The Board found that the Veteran's claimed stressor events have not been corroborated by credible supporting evidence and that his service treatment records are devoid of any findings of or references to a psychiatric disorder. Therefore, the claims for service connection for an acquired psychiatric disorder (to include PTSD) and bilateral hearing loss were denied.

The Veteran's claim for service connection for PTSD, with depression, has been granted. The remaining issues on appeal are addressed in the Remand portion of this decision.

The Veteran's claims for service connection for loss of the right testicle, tinnitus, and bilateral hearing loss were denied as there is no clinical confirmation of these conditions.