Hearing loss decisions — 2010

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at his local RO.

The Veteran's claim for an earlier effective date prior to April 30, 2004, for the assignment of a 40 percent evaluation for service-connected residuals of gunshot wound, right triceps and biceps, to include degenerative changes and loss of motion of the right shoulder was denied. The Board found that it was not factually ascertainable based on the lay and medical evidence of record that the Veteran's residuals of gunshot wound were severe in nature prior to April 30, 2004.

The Board has remanded the case due to insufficient reasons and bases in the August 2007 decision, including an inadequate opinion from a VA examiner regarding the relationship between hearing loss and tinnitus and military service. The Veteran's claims for service connection are now pending.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there is no evidence of a nexus between these conditions and his military service.

The Veteran's claim for an increased rating for bilateral hearing loss was denied as a matter of law due to his failure, without good cause, to report for a VA examination scheduled in conjunction with the claim.

The Board has determined that the Veteran's genitourinary disorder, claimed as chronic bladder infection resulting from prostate cancer, is not service-connected. Service connection for left ear hearing loss was established, while right ear hearing loss is not service-connected.

The Veteran's claims for service connection for bilateral hearing loss and increased ratings for low back disability, hypertension, and urethritis were denied. The Veteran was granted a temporary total rating for his low back disability from January 10, 2005 to April 30, 2005.

The Veteran's service-connected disabilities are shown to be of such a nature and severity as to preclude the performance of all types of substantially gainful employment, warranting a total evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's appeal is denied as his service-connected hearing loss does not meet the criteria for a compensable rating prior to July 6, 2005 and a disability rating greater than 30 percent between July 6, 2005 and June 1, 2009.

The Board found that the Veteran's hearing loss, peripheral neuropathy, and tinnitus were not incurred in or aggravated by his active service. The claims for these conditions are therefore denied.

The Board denied the Veteran's claim for an increased rating for his bilateral hearing loss, finding that the evidence did not show an increase in his hearing loss severity warranting a higher evaluation.

The Veteran's left ear hearing loss has been rated as noncompensable throughout the appeal period. The Board finds that he is not entitled to a compensable rating.

The Board has granted service connection for the Veteran's left wrist disability, skin disorder, and back disorder. The hearing loss, tinnitus, and left hip disorders were not found to be related to service.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for additional medical examination and consideration of new evidence.

The Veteran's appeal is being remanded for additional examinations and development due to allegations of worsening disability since the last examination.

The Board found that the Veteran's current bilateral hearing loss and tinnitus disabilities were not related to his service, including noise exposure during active duty in Vietnam. The evidence did not show a relationship between these conditions and his military service.

The Board found that the Veteran's herniated nucleus pulposus L4-5 was not incurred or aggravated during a period of active service. The claim for bilateral hearing loss is remanded due to insufficient evidence and the need for another VA examination.

The Board has dismissed the appeal regarding the skin disorder claim due to withdrawal. The right ear sensorineural hearing loss was denied as not incurred in or aggravated by active service.

The Board denied service connection for bilateral knee disability and bilateral hearing loss disability due to lack of available training records.

The Board found that the Veteran's current bilateral hearing loss is not related to active service and denied his claim for service connection.