Hearing loss decisions — 2011

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for additional medical opinions and records.

The appeal has been withdrawn by the appellant prior to a decision being made.

The Board found that the Veteran does not have a current hearing loss disability for VA purposes in either ear, and thus denied his claim of entitlement to service connection for right ear hearing loss. The left ear hearing loss diagnosed in January 2007 is considered by the examiner to be related to active duty service.

The Board found that the Veteran's currently manifested bilateral hearing loss did not have a chronic and continuous onset during service, nor is it etiologically related to his period of active military service.

The Veteran's service-connected pulmonary asbestosis with pleural calcification and right ear hearing loss are currently rated at the lowest possible levels, and no higher ratings are warranted.

The Veteran's service connection claims for various conditions, including hearing loss, dental issues, foot pain, cardiac arrest residuals, pneumonia-related pulmonary granuloma, psychiatric disorder, kidney stones, back injury, hemorrhoids, anal fistula, erectile dysfunction, skin disorders, and varicose veins have been granted. The effective date is not specified.

The Board found that the Veteran's hearing loss did not begin during service or within one year of separation and is not shown by competent medical evidence to be causally related to service. The claim for an acquired psychiatric disorder, claimed as PTSD, was also denied due to lack of credible evidence linking it to service.

The Board found that the Veteran does not have currently diagnosed bilateral hearing loss as defined by VA standards, and thus denied his claim for service connection.

The Veteran's appeal has been dismissed due to the death of the appellant during the pendency of the appeal.

The Board has reopened the Veteran's previously denied claim of service connection for bilateral hearing loss and granted it, finding that there is reasonable doubt in favor of the Veteran.

The Veteran's service-connected PTSD with depression is rated at 50 percent, reflecting reduced reliability and productivity due to symptoms such as flattened affect, impaired judgment, and difficulty in establishing effective work relationships. The hearing loss disability remains noncompensable.

The Veteran's claim for service connection for hearing loss was denied as there is no evidence of current hearing impairment. The issue of entitlement to an initial compensable rating for post-concussive headaches requires further development due to the need for VA treatment records.

The case is being remanded due to the submission of additional pertinent medical evidence and an August 2009 VA Form 9. The benefits sought on appeal are not granted at this time.

The Board has determined that additional development is needed to obtain missing service records and medical records, as well as a new opinion on the etiology of the Veteran's bilateral hearing loss. The case will be returned for further action.

The Board has denied the Veteran's claims of service connection for a bilateral hearing loss disability and hysterectomy, finding no new and material evidence to reopen these claims. The claim for special monthly compensation based on loss of use of a creative organ (hysterectomy) is also denied.

The Board denied the Veteran's claims of entitlement to increased ratings for bilateral hearing loss and tinnitus, as well as service connection for an acquired psychiatric disorder (including PTSD) and a left inguinal hernia. The Veteran was not granted any new or material evidence to reopen his previously denied claim for service connection.

The Veteran's increased disability rating for bilateral hearing loss from 30% to 40% is upheld, effective August 7, 2009.

The Board has determined that the Veteran did not serve in Vietnam and therefore cannot establish presumptive service connection for coronary artery disease due to herbicide exposure. Bilateral hearing loss is presumed to have been incurred during active duty, as evidenced by audiometric testing meeting VA criteria for a disability.

The Board has determined that the Veteran's claims for service connection for hearing loss and peripheral neuropathy of bilateral upper and lower extremities have been denied due to lack of credible evidence supporting his assertions.

The Veteran's service-connected tinnitus and bilateral hearing loss are evaluated at 10% each, resulting in a combined rating of 10%. The medical evidence does not demonstrate that these conditions alone render the Veteran unable to secure or follow a substantially gainful occupation.