Hearing loss decisions — 2010

The Board has determined that the Veteran does not have PTSD, and his bilateral hearing loss disability is not shown to be related to service. The claims for service connection are therefore denied.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss and determined that new evidence submitted since the December 2005 rating decision raises a reasonable possibility of substantiating his claim. The Board also found that the Veteran's bilateral hearing loss is related to active duty service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, with some portion of the hearing loss likely due to noise exposure during service. Service connection is granted for these conditions.

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 under VA's Schedule for Rating Disabilities.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for bilateral hearing loss disability and tinnitus, which were previously denied in December 2003.

The Board denied service connection for a bilateral hearing loss disability and tinnitus, finding that the Veteran's pre-existing conditions did not increase in severity during service.

The Veteran's asbestosis is rated at 30 percent since March 4, 2009. His hearing loss remains noncompensable.

The Veteran's current bilateral hearing loss is not related to his active service, and the Board finds that he does not meet the criteria for service connection.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims, including obtaining service records and medical records, as well as scheduling VA examinations.

The Board has denied the Veteran's claim for service connection for right ear hearing loss, finding that there is no evidence of a current disability related to his active duty service and that the passage of time since service does not support a finding of direct service connection.

The Board found that the Veteran does not have a current diagnosis of bilateral hearing loss as defined by VA regulations and thus denied his claim for service connection.

The Veteran's bilateral hearing loss is rated at 60 percent from October 21, 2008. The claim for TDIU was denied as the service-connected disability does not meet the criteria for a total rating based on individual unemployability.

The Board finds that the Veteran's hearing loss is not related to his military service, as evidenced by the lack of a documented history of hearing problems during or immediately after service and the absence of any medical evidence linking current hearing loss to noise exposure in service. The Board also notes that there was no audiometric testing conducted at either entrance or separation from service.

The Veteran's service-connected disabilities, while significant, do not prevent him from securing and following substantially gainful employment in a sedentary capacity.

The Veteran's initial evaluations for tinnitus, right ear hearing loss, and PTSD are denied as the maximum schedular ratings have been assigned.

The Veteran's appeal for a higher evaluation of his bilateral hearing loss disability is being remanded due to the inadequacy of the previous examination reports.

The VA's failure to timely diagnose and properly treat the Veteran's oropharyngeal carcinoma caused his death, resulting in a grant of DIC under 38 U.S.C.A. § 1151.

The Board has reopened the Veteran's claim of service connection for bilateral hearing loss and finds that new evidence received since the last final denial shows a current disability. However, the preponderance of the evidence is against a finding of a nexus between the Veteran's current left ear hearing loss disability and his military service.

The Veteran's hearing loss disability is rated at 10 percent prior to July 11, 2009 and at 20 percent thereafter. The Board finds that the evidence supports a higher rating.

The Veteran's appeal is being remanded to schedule a personal hearing before the Board of Veterans' Appeals.