Hearing loss decisions — 2011

The Board has determined that a new examination is necessary to determine if the Veteran's service-connected disabilities result in the need for aid and attendance or being housebound. The case will be remanded for this purpose.

The Veteran withdrew his appeal for the claims of service connection for bilateral hearing loss and tinnitus prior to a decision being made by the Board.

The Veteran's disability compensation benefits are not apportioned to his minor children due to the fact that he is providing for them through garnishment of Social Security checks, and there is no evidence of hardship or special circumstances warranting a special apportionment.

The Veteran's claim for an effective date prior to December 8, 2006 for the grant of service connection for type II diabetes mellitus, bilateral tinnitus, bilateral hearing loss, and ringworm of the bilateral legs was denied as there is no indication that he submitted a formal or informal claim within one year of his discharge from service. The earliest possible effective date is December 8, 2006, the day the Veteran's claims were received by the RO.

The Veteran is seeking an initial compensable rating for his service-connected bilateral hearing loss. The case has been remanded due to inconsistencies with the private report and assertions by the Veteran's representative that the December 2009 VA examination is insufficient.

The Veteran's service-connected bilateral hearing loss disability is currently manifested by no more than Level I hearing acuity in both ears, warranting a zero percent disability rating.

The Veteran's left ear hearing loss and tinnitus are related to his service, but he does not have a right ear hearing loss disability for VA purposes.

The Board has determined that there is no evidence linking the Veteran's current hearing loss and tinnitus to his active service, and thus denied these claims.

The Board denied the Veteran's claims for effective dates prior to December 21, 2002 and April 19, 2006 for service connection of generalized anxiety disorder with bipolar disorder and major depression, and bilateral hearing loss and tinnitus. The appeal was also reopened on new evidence.

The Veteran's claims for earlier effective dates for service connection of bilateral hearing loss and tinnitus are being remanded due to the need to obtain additional VA treatment records.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes and his service-connected lumbosacral spine disability is not shown to meet the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's service-connected PTSD and traumatic brain injury contributed substantially or materially to his death, which occurred due to a motorcycle accident. The decision grants entitlement to service connection for the cause of death.

The Board has determined that the Veteran's current bilateral hearing loss is a result of noise exposure during his active duty service, and grants service connection for this condition.

The Board denied service connection for a right ear disability and hearing loss, finding that the Veteran did not have these conditions during his active duty service or any verified period of ACDUTRA. The evidence does not support a nexus between the current disabilities and military service.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied as there is no credible evidence of a nexus between the current disabilities and his military service, including in-service noise exposure.

The Veteran's death was found to be due to ischemic heart disease, specifically coronary artery disease. The Board granted service connection for this condition as the result of exposure to herbicides for purposes of accrued benefits.

The Board found that the Veteran's current right ear hearing loss and tinnitus did not meet the criteria for service connection, as there was no evidence of hearing impairment meeting VA standards within one year of discharge from active duty. The Board concluded that the conditions are less than 50 percent likely to be attributable to military service.

The Board has remanded the case for further development, including scheduling a VA audiological evaluation and readjudicating the claim.

The Board found no evidence to support the Veteran's claims of service connection for bilateral hearing loss and tinnitus, as his current conditions are not causally related to his military service.

The Board has determined that the Veteran's bilateral hearing loss is not service-connected, but his tinnitus is as likely as not related to military service.