Hearing loss decisions — 2010

The Board finds that the Veteran's current bilateral hearing loss disability is not related to his military service, as there was no evidence of hearing loss during or within one year after service. The Veteran's hearing loss first manifested more than 40 years after separation from service.

The Veteran's bilateral hearing loss is rated as noncompensable, and the Board finds no basis to grant a higher rating.

The Board found no evidence to support the Veteran's claim that his current bilateral hearing loss disability is related to his military service, and thus denied the claim.

The Board has determined that the Veteran's bilateral hearing loss is related to his service and grants the claim for service connection.

The Veteran's claim for a higher rating for his service-connected bilateral hearing loss was denied. The Board found no clear and unmistakable error in the March 2004 decision that granted service connection but assigned less than a total (100%) evaluation, and denied DIC benefits as there were no service-connected disabilities rated totally disabling for at least ten years immediately preceding death.

The Veteran's bilateral hearing loss did not manifest during service or within one year of separation, and there is no evidence linking the current condition to his military service. The Board finds that service connection for bilateral hearing loss must be denied.

The Veteran's bilateral hearing loss is found to be related to service. The gastrointestinal disorder and genitourinary disorder are not found to be related to service, including due to exposure to Agent Orange or other herbicides.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, pacemaker implant, and hypertension. The evidence did not show current disabilities meeting VA compensation criteria for hearing loss or meet the one-year presumptive period for cardiovascular-renal disease including hypertension. Service connection was also not established on a secondary basis as there is no medical opinion linking these conditions to his service-connected right hand amputation and right eye blindness.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, an eye disorder, and a psychiatric disorder were denied as there is no evidence of current disabilities or in-service events that could be linked to these conditions.

The VA determined that the Veteran does not have a current hearing loss disability as defined by VA regulations, and therefore denied his claim for service connection.

The Board finds that the evidence is at least in equipoise on whether the Veteran's bilateral hearing loss was incurred in service, given her exposure to barotrauma during service. Therefore, service connection for bilateral hearing loss is granted.

The Veteran's appeal was denied for service connection for an ear condition with hearing loss, actinic keratosis, and a right knee disability. The RO requested additional records and scheduled examinations to determine the validity of these claims.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's tinnitus and bilateral hearing loss are found to be related to his military service, with the Board granting service connection for both conditions.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected bilateral hearing loss.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no competent evidence linking these conditions to his military service.

The Veteran's death was not service-connected, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The Board found that the Veteran did not meet the durational requirement for a total disability rating at the time of his death, nor would he have been in receipt of such compensation due to clear and unmistakable error (CUE) in prior decisions. Therefore, DIC benefits were denied.

The Board found that the Veteran's current bilateral hearing loss disability did not manifest during service or within one year of separation, and thus denied service connection on a direct basis.

The Board has determined that the Veteran does not have current disabilities of bilateral hearing loss and tinnitus, and thus cannot establish service connection for these conditions.

The Veteran's bilateral hearing loss was previously rated at 20 percent, effective November 17, 2005. The RO reduced this to 0 percent effective March 1, 2008 based on the results of a VA audiology examination conducted in April 2007. The Board found that from March 1, 2008, the Veteran's bilateral hearing loss should be rated at no more than 10 percent.