Hearing loss decisions — 2010

The Board has determined that a new VA examination is needed to address the nature and etiology of the Veteran's bilateral hearing loss, as well as whether it is related to his service. The claim will be remanded for this purpose.

The Board has determined that the Veteran's hearing loss, tinnitus, lung nodules, and peripheral neuropathy are related to his service, with a presumption of exposure to Agent Orange. However, the skin cancer is not presumed due to Agent Orange exposure.

The Board denied the Veteran's claims for bilateral hearing loss and tinnitus, finding that new and material evidence was not submitted to reopen the claim for bilateral hearing loss. The Board also found that tinnitus was neither incurred in nor aggravated by active duty service.

The Veteran's bilateral hearing loss was present at the time of enlistment and did not worsen during service. The Board finds that there is no competent evidence of a causal connection between the Veteran's current levels of hearing loss and service.

The Veteran's appeal is remanded for further development, including obtaining VA medical records and scheduling an examination to assess the impact of his service-connected disabilities on his ability to obtain substantially gainful employment.

The Board denied the Veteran's claims for service connection for a bilateral hearing loss disability, tinnitus, and a left great toe disability. The decision also noted that his claim for an increased rating for residuals of avulsion fracture of the distal metatarsal and hallux valux with Austin bunionectomy of the right foot was continued at 20 percent effective from the date his claim for increase was received.

The Veteran's bilateral hearing loss was rated at 20 percent prior to October 15, 2008 and increased to 30 percent beginning on or after October 15, 2008.,The Veteran's claim for an evaluation in excess of the assigned ratings is denied.

The Board has granted service connection for gastroesophageal reflux disease and left ear hearing loss disability, finding that the Veteran's conditions are related to his military service.

The Veteran's claim for an initial compensable rating for service-connected bilateral hearing loss was denied. The Board found that the evidence did not show more than a non-compensable level of hearing impairment in either ear.

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

The Veteran's service-connected bilateral hearing loss was evaluated at Level IV, which corresponds to a 10% disability rating. The Board found that the current evaluation is appropriate based on the evidence of record.

The Board has remanded the case for additional development due to insufficient evidence of record.

The Board has determined that the Veteran does not have hearing loss or tinnitus that is attributable to service, and his left elbow disability is not shown to be related to service. The VA examiner concluded that the current hearing loss was not related to acoustic trauma during his military service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his active service, specifically his deployment in Desert Storm. The VA examination confirmed current hearing loss meeting VA criteria for a disability.

The Veteran's bilateral hearing loss disability was previously rated as noncompensable prior to October 19, 2009. The RO increased the evaluation from noncompensable to 20 percent effective October 19, 2009.

The Board has granted service connection for bilateral hearing loss and tinnitus, but denied service connection for skin cancer of the left arm (as secondary to service-connected left hand osteoarthritis), cancer of the lip, inner ear disorder (vertigo), and bilateral hearing loss. The decision on the issue of service connection for tinnitus is based on direct evidence.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and vertigo. The evidence did not show a nexus between these conditions and military service.

The Board found that the Veteran's current hearing loss is more likely than not related to military service, including exposure to noise during active duty.

The Board denied the Veteran's claims for service connection for hearing loss of the left ear and an increased rating for hearing loss of the right ear with tinnitus, finding that his current hearing loss was not incurred in or aggravated by active service.

The Veteran's appeal is remanded for further development, including obtaining VA medical records and scheduling a VA examination to assess the current severity of his service-connected bilateral hearing loss.