Hearing loss decisions — 2011

The Board denied a compensable rating for the Veteran's bilateral hearing loss, finding that his hearing acuity did not meet the criteria for a higher rating based on VA audiological evaluations conducted in September 2008 and June 2011.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation prior to April 12, 2006. His TDIU claim is granted for this period.

The Veteran's right ear hearing loss is currently rated at 10 percent, the maximum available rating for this condition. The Board found that his right ear hearing loss does not warrant a higher rating as it did not meet the criteria for a higher level of disability.

The Board has remanded the claim for an initial compensable rating for left ear hearing loss due to new evidence submitted by the Veteran and additional development is required.

The Board denied the Veteran's claim for service connection for sleep apnea and TDIU due to his failure to report for a VA audio examination, finding that he did not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's hearing loss disability has been evaluated as non-compensable (zero percent) under the applicable VA rating criteria. The RO/AMC is directed to refer this case for consideration of an extraschedular evaluation.

The Board found that the Veteran does not have a current left ear hearing loss disability and denied his claim for service connection.

The Board has determined that the Veteran does not have a current diagnosis of bilateral hearing loss for VA purposes and therefore, service connection is denied. The claim for tinnitus was also denied as there is no evidence relating the current condition to military noise exposure.

The Board found that the Veteran's current bilateral hearing loss and tinnitus disabilities were not incurred in or related to his active service. The VA examination did not support a finding of service connection for these conditions.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule the Veteran for VA examinations to assess his current disabilities.

The Board has granted service connection for right ear hearing loss. The Veteran's left ear hearing loss and tinnitus are not related to his periods of service, but a new VA examination is needed to determine if they are secondary to his service-connected right ear hearing loss.

The Veteran's tinnitus and PTSD were found to be related to his service, with the Board finding that there was at least an approximate balance of positive and negative evidence regarding whether his current tinnitus is the result of acoustic trauma in service. The Veteran's claim for service connection for bilateral hearing loss and residuals of malaria was not addressed due to pending issues.

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

The Board has remanded the case due to missing VA treatment records for bilateral hearing loss and a need to issue a statement of the case regarding the request to reopen a claim for service connection for PTSD.

The Veteran's claim for service connection for bilateral hearing loss disability was denied as he does not have a current disability. The claims for acquired psychiatric disorder, left knee disability, right knee disability, left shoulder disability, and low back disability are all considered under the direct theory of service connection.

The Board has remanded the case for further development and adjudication due to insufficient information regarding service connection for posttraumatic stress disorder for accrued benefits, as well as additional development needed for the claim of service connection for the cause of the Veteran's death.

The Board found that the appellant's character of discharge was under dishonorable conditions due to willful and persistent misconduct, which bars him from VA benefits. The appeal is denied.

The Board has determined that further development is needed before a decision can be made on the merits of the Veteran's claims for service connection for bilateral hearing loss, left knee disorder, and right knee disorder. The case is therefore REMANDED to obtain additional medical records, provide the Veteran with VA examinations, and adjudicate the claims.

The preponderance of the evidence is against a finding that either DJT or SLT were permanently incapable of self-support at the time they attained 18 years of age.

The Board denied service connection for bilateral hearing loss and tinnitus, finding that the disabilities did not manifest during active duty service or are related to such service. The claims were reopened based on new evidence but still denied.