Hearing loss decisions — 2011

The Board has determined that the Veteran's left ear hearing loss disability was shown upon entry into service and underwent an increase in severity beyond its normal progression during his active duty service, thus granting service connection for this condition.

The Veteran's bilateral hearing loss is found to be related to in-service noise exposure, and service connection for this condition is granted.

The Veteran's service-connected left ear disability with hearing loss does not warrant a compensable disability rating.

The Board has granted service connection for sleep apnea and found that the Veteran's current hearing loss disability is not due to his military service. The claim for bilateral hearing loss was denied.

The Veteran does not have hearing loss that is attributable to his military service and the Board finds that it was not caused by noise exposure in Vietnam.

The Board has determined that the Veteran's current bilateral hearing loss and skin disorder are not related to his active service, as there is no evidence of chronic symptoms in service or continuity of symptomatology since service separation. The VA examiner found that the Veteran's hearing was within normal limits and did not have any hearing loss.

The Board found that the Veteran's hearing loss had improved significantly, warranting a reduction from a 10% rating to noncompensable effective April 1, 1999.

The Veteran's claim for a TDIU remains in remand status due to the need for additional development, including obtaining updated VA treatment records and scheduling an audiological examination.

The Board has remanded the case due to a scheduling issue and requests that the Veteran's representative have an opportunity to review the claims file before his hearing.

The Veteran is entitled to special monthly pension benefits based on the need for aid and attendance of another person due to his disabilities, including diabetic neuropathy, glaucoma, vertigo, and memory loss. His combined nonservice-connected disability rating for pension purposes is 90 percent.

The Veteran's death was caused by a cerebrovascular accident (CVA), and the Board has remanded the case for further development to determine if his service-connected conditions contributed substantially or materially to his cause of death.

The Board found that the Veteran's bilateral hearing loss did not have its onset in service, was not manifested within one year of separation, and is otherwise unrelated to his active military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and determining whether the Veteran may be recognized as a veteran for VA purposes during his period of under other than honorable conditions.

The Veteran's tinnitus is related to service and the Board has granted service connection for this condition. The issues of entitlement to increased ratings for bilateral hearing loss and low back strain with degenerative changes and instability, and bilateral sciatica are addressed in the REMAND portion.

The Board has granted service connection for the Veteran's claimed conditions, including tinnitus and bilateral hearing loss due to in-service noise exposure. The other conditions are also found to be related to service.

The Board has determined that the Veteran's current right ear hearing loss was not incurred in or aggravated by service, and thus denied her claim for service connection. The noncompensable disability rating for her history of ruptured right eardrum is also denied.

The Board denied the Veteran's motion alleging clear and unmistakable error (CUE) in its March 6, 2009 decision regarding his service-connected sinusitis and allergic rhinitis. The Board also dismissed the motions for CUE in the decisions regarding new and material evidence to reopen claims of bilateral hearing loss, chronic bilateral tendonitis of the legs, and a dental disorder for compensation purposes.

The Board has dismissed the Veteran's claim for an earlier effective date for service connection of bilateral hearing loss. The appeal is also dismissed as there are no freestanding claims for increased ratings that can be granted under current law.

The Board denied service connection for kidney disorder, left ear hearing loss, left ear tinnitus, and eye disorder (secondary to diabetes mellitus) as there was no evidence of current disabilities or a link between the conditions and service.

The Board has remanded the case due to insufficient verification of in-service noise exposure and a need for further examination.