Hearing loss decisions — 2010

The Veteran's bilateral hearing loss disability is found to be related to his active service, and the Board grants service connection for this condition.

The Board finds that the Veteran's current left ear hearing loss disability is related to exposure to acoustic trauma during his military service. The right ear hearing loss, while present, does not meet the criteria for a compensable disability rating under VA regulations.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to service, as there is no credible evidence of continuity of symptomatology since service. The VA examination report concluded that it could not be resolved without resorting to mere speculation.

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

The Board found that the Veteran's bilateral hearing loss disability is not shown to have been manifested in service, manifested to a compensable degree within the first post-service year, and/or causally related to service. As a result, the claim for service connection was denied.

The Board has granted service connection for right ear hearing loss and bilateral tinnitus, but denied increased ratings for the Veteran's knee disabilities.

The Veteran's initial claim for a compensable rating for bilateral hearing loss was denied as his hearing acuity did not meet the criteria for any higher evaluation.

The Veteran's TDIU claim is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to work.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to his active service, including as a result of exposure to noise or other environmental factors.

The Board denied the Veteran's claims for service connection for a psychiatric disorder, including anxiety disorder not otherwise specified (NOS), cognitive disorder NOS, depression, and post traumatic stress disorder (PTSD), as well as right ear hearing loss. The appeal is considered 'denied' because there was insufficient evidence to support these claims.

The Board found that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated by service, as there was no evidence of in-service noise exposure and the conditions did not manifest within one year of service. The claim for service connection is denied.

The Board has determined that additional development is needed to determine the Veteran's service connection claims for bilateral hearing loss and tinnitus, including obtaining missing STRs and providing a new VA audiometric examination.

The Veteran's bilateral hearing loss disability was not incurred or aggravated by her active duty service and is therefore denied.

The Board has determined that the Veteran's claims must be remanded for further development due to inadequate VA examinations and incomplete evidence.

The Board has determined that further development is needed to determine the appellant's military service and exposure, as well as his hearing loss and tinnitus. The claims for service connection will be remanded for additional examination and medical opinion.

The Veteran's service-connected disabilities, including peripheral vascular disease of the left and right lower extremities, major depression, diabetes mellitus with erectile dysfunction, left and right lower extremity peripheral neuropathy, tinnitus, and hearing loss, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that his combined disability rating has been 70 percent or higher since June 20, 2005, meeting the threshold requirement for a TDIU under 38 C.F.R. § 4.16(a).

The Board has remanded the case due to issues related to service connection for various conditions and a claim to reopen spinal stenosis. The Veteran's intentions regarding his August 2010 VA-9 Substantive Appeal need to be clarified, and he should be scheduled for a Board hearing at the RO.

The Veteran's bilateral hearing loss was not incurred in or aggravated by his active military service. The Board found that the evidence does not support a finding of direct service connection.

The Board has determined that an effective date earlier than August 21, 2006 for the grant of service connection for bilateral hearing loss and tinnitus is denied.

The Veteran's claims for service connection were denied. Bilateral hearing loss was not shown until many years after service, and the preponderance of the competent evidence of record is against a finding that the currently diagnosed condition is related to active duty service. The low back disability was not incurred in or aggravated by active service and was not caused or aggravated by a service-connected left ankle fracture with degenerative joint disease. The Veteran's request for withdrawal on his claim for residuals of a hiatal hernia was granted.