Hearing loss decisions — 2010

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise regarding these conditions and thus applying the benefit of the doubt rule.

The Board has determined that the Veteran's sensorineural hearing loss in his left ear is attributable to active duty service and grants service connection for this condition.

The Veteran's service-connected otitis media, catarrhal, with bilateral hearing loss was granted a 70 percent disability rating from June 23, 2009. The Veteran's service-connected depression is rated at 30 percent from June 26, 2009.

The Veteran's claim for a compensable rating for bilateral hearing loss from April 4, 1979 to September 29, 2004 is granted.

The Board has remanded the case due to insufficient examination and a need for compliance with prior instructions. The Veteran's claim of entitlement to service connection for bilateral hearing loss will be readjudicated after obtaining an appropriate medical opinion.

The Veteran's claim for an initial compensable disability rating for right ear otitis media and hearing loss was denied by the RO, as his current level of impairment did not warrant a higher rating.

The Board has denied the Veteran's claims for service connection for residuals of neck and back injuries. The claim for bilateral hearing loss was granted, with a current rating assigned.

The Veteran's claims for service connection and increased evaluations were granted, with the right shoulder disability being granted direct service connection. The hearing loss claim was denied as not meeting VA criteria for a hearing loss disability. For osteoarthritis and lumbosacral strain with IVDS, a 10 percent evaluation was granted prior to November 28, 2008, and a 20 percent evaluation thereafter.

The Board has determined that the Veteran's hearing acuity did not meet the criteria for a compensable rating at any point during the appeal period, and thus denied his claim for a higher rating.

The Board finds that the Veteran's claims of service connection for bilateral hearing loss, tinnitus, degenerative joint disease of the cervical spine, and right shoulder strain are not supported by the evidence of record. The Veteran did not have any diagnosed disabilities during active service or within one year post-service, and there is no competent medical evidence linking these conditions to his military service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated by service, as there is no medical evidence linking these conditions to his military service. The VA examiner found no evidence of a nexus between the Veteran's current hearing loss and tinnitus and his active duty.

The Board has determined that the Veteran's PTSD is related to in-service stressors and grants service connection for this condition.

The Veteran's claims for increased evaluation of GERD, service connection for bilateral hearing loss, benign skin neoplasms, and PTSD were all denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Board finds that the Veteran's bilateral hearing loss and tinnitus are attributable to his military service, resulting in a grant of service connection for both conditions.

The Board has determined that there is a need to verify the Veteran's periods of active duty, inactive duty training, and service treatment records. The Veteran should be contacted for further information regarding his claimed conditions during service.

The Board found that the Veteran's current hearing loss disability did not have its onset during active service or within one year of separation for active service and is not otherwise etiologically related to his active service. Therefore, the claim for service connection for bilateral hearing loss was denied.

The Board has determined that the Veteran's right ear hearing loss and tinnitus were not incurred or aggravated in active military service. The evidence does not support a finding of chronicity, continuity, or direct service connection for these conditions.

The Board has granted service connection for vitreal syneresis and bipolar disorder, finding that these conditions are related to the Veteran's service-connected Ehlers-Danlos syndrome. The claims for left ear hearing loss, visual impairment (including dry eyes), and an initial rating in excess of 60 percent prior to June 12, 2009 for Ehlers-Danlos syndrome remain pending.

The Board has remanded the case for further development, including obtaining medical records and scheduling new VA examinations. The Veteran's claim of entitlement to service connection for bilateral hearing loss is pending.

The Veteran's hearing loss has not been found to be service-connected and therefore, a compensable disability rating for bilateral hearing loss is denied.