Hearing loss decisions — 2011

The Veteran's bilateral hearing loss was rated at 10 percent prior to November 8, 2007 and upgraded to 20 percent thereafter.

The Veteran's claim for an increased rating for bilateral hearing loss was granted, with a 10 percent rating effective from October 4, 2006 to November 11, 2007. The claim for a higher rating after that date is also granted.

The Board found that the Veteran's current bilateral hearing loss and tinnitus were not incurred or aggravated by active service, including in-service noise exposure. The evidence did not show a nexus between these conditions and service.

The Veteran's right ear hearing loss was not found to meet the criteria for a disability under VA standards, and thus service connection was denied.

The Board has determined that the Veteran's currently diagnosed bilateral hearing loss is the result of active military service, and thus grants service connection for this condition. The issue of service connection for a headache disorder remains unresolved as it was not limited to the March 2009 decision.

The Board denied the Veteran's claims for increased ratings for bilateral hearing loss and service connection for an acquired psychiatric disability, specifically generalized anxiety disorder. The decision found that there was no evidence of a compensable level of hearing impairment prior to July 13, 2005, and that from this date onward, the Veteran is not entitled to a rating in excess of 20 percent. For his anxiety disorder claim, additional development is required as substantial compliance with the February 2008 Board remand instructions has not been achieved.

The Veteran's claim for non-service-connected pension benefits was denied due to lack of qualifying service. For the claims regarding bilateral hearing loss and bilateral foot disorder, the Board found no evidence of current disabilities or in-service incurrence/aggravation that could support a grant of service connection.

The Board has determined that an effective date earlier than February 5, 2009 for the assignment of a 10% schedular evaluation for bilateral hearing loss is not assignable by law.

The Veteran's claim of service connection for bilateral hearing loss and an acquired psychiatric disorder was denied as there is no evidence of current disability meeting VA criteria.

The Veteran's bilateral hearing loss has been evaluated at a maximum of 50 percent, and no higher rating is warranted based on the provided audiometric test results.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's bilateral hearing loss is related to his military service, including noise exposure.

The Veteran's service-connected disabilities are not sufficient by themselves to preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and industrial background.

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected PTSD, tinnitus, and bilateral hearing loss.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, headaches, a nervous disorder, and a back condition. The evidence did not show that any of these conditions were incurred during or caused by his military service.

The Veteran's petition to reopen his claim for service connection for a back disability was denied as new and material evidence had not been submitted. The claims of service connection for bronchitis, hearing loss, sleep apnea, hypertension, ulcers, and hemorrhoids were also denied. Service connection for PTSD was granted with an initial 50 percent rating.

The Board has determined that the Veteran's bilateral hearing loss disability does not warrant a rating in excess of 10 percent, as there is no evidence of an exceptional pattern of hearing impairment or other factors indicating an extra-schedular evaluation.

The Board denied service connection for a back disorder with right lower extremity radiculopathy and bilateral hearing loss, finding no evidence of current disability or in-service occurrence or aggravation.

The Veteran's initial claim for a compensable disability rating for service-connected left ear hearing loss was denied as his condition did not meet the criteria for any higher evaluation based on the available schedular ratings.

The Veteran's claims for initial and compensable evaluations for bilateral hearing loss and perforated tympanic membrane, post-operative are being remanded due to the need for additional audiometric testing and a VA examination.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to his military service, as there was no evidence of hearing loss or tinnitus during service and no continuity of symptoms post-service. The VA examiner opined that the Veteran's hearing loss is more likely due to civilian noise exposure, presbycusis, and/or some other etiology.