Hearing loss decisions — 2011

The Board has granted the appellant's claims for service connection for tinnitus and sleep apnea, but denied his claim for service connection for bilateral hearing loss due to lack of evidence within the time frame. The claim for erectile dysfunction was not adjudicated as it is related to a clothing allowance or fee dispute.

The Board has determined that the Veteran's bilateral hearing loss disability and tinnitus did not manifest during service or within one year of discharge, and are unrelated to service. The claim for service connection is denied.

The Board has remanded the case due to inadequate examination and incomplete medical records. The Veteran's claims for bilateral hearing loss and tinnitus will be reviewed again with new evidence.

The Veteran's current headaches had their onset in service and the Board has granted service connection for this condition. The other issues are pending further development.

The Board found that the submitted evidence does not raise a reasonable possibility of substantiating the Veteran's claim of service connection for bilateral hearing loss, and thus denied her request to reopen the claim.

The Board has determined that the Veteran is entitled to a 30 percent evaluation for bilateral hearing loss since October 21, 2010. This decision grants an initial rating of 30 percent for this condition.

The Veteran's bilateral hearing loss was evaluated as 20 percent disabling since May 3, 2011. The VA examiner found that the Veteran's hearing acuity is currently no worse than Level V in both ears.

The Veteran's claim for higher ratings and reduction of his disability rating for bilateral hearing loss was denied. The Board found that the evidence did not support a compensable rating prior to March 26, 1997, or any rating greater than 10 percent from March 26, 1997 to June 16, 1998. A reduction in disability for service-connected hearing loss from 90 to 20 percent was found proper and supported by the evidence of record. The Veteran's claim for an extraschedular evaluation and TDIU was not addressed as it is considered part of his increased rating claim.

The Board found that the Veteran's hearing loss was not incurred in or aggravated by service and is unrelated to noise exposure. The VA examinations concluded that his current hearing status does not meet the criteria for a hearing loss disability under VA regulations.

The Veteran's claim for increased ratings for his bilateral hearing loss disability was denied. The VA determined that the evidence did not support a rating in excess of 20 percent prior to July 6, 2009 and 30 percent thereafter.

The Board denied the Veteran's claims for service connection for bilateral hearing loss disabilities, finding that there was no current disability in either ear and insufficient evidence to establish a nexus between his active duty military service and any current hearing loss.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss in the left ear and sinus congestion. The VA examiner concluded that the Veteran's hearing loss is not related to his military service.

The Veteran's appeal for service connection on all issues except arteriosclerotic heart disease (coronary artery disease) is dismissed. The Board finds that the Veteran has coronary artery disease, presumed to have been incurred due to herbicide exposure during his Vietnam service.

The Board has granted the Veteran's claim of service connection for bilateral hearing loss, finding that new and material evidence has been submitted to reopen his claim and resolving doubt in favor of the Veteran.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, a left leg or knee condition, and a left foot or ankle condition are not supported by the evidence of record.

The Veteran's appeal for a rating in excess of 10 percent for an acquired psychiatric disability, bilateral hearing loss, tinnitus, hemorrhoids, chronic sinusitis, right restless leg syndrome, and left restless leg syndrome has been denied. The Board found that the evidence did not support granting service connection for these conditions.

The Veteran's left ear hearing loss is rated as noncompensable, while his claim for service connection of an acquired psychiatric disorder remains denied due to lack of new and material evidence.

The Veteran's tinnitus had its onset during service and the Veteran experienced continuous symptoms of tinnitus since separation from service, leading to a grant of service connection for tinnitus. The issue of service connection for bilateral hearing loss is being remanded.

The Board has determined that the Veteran's bilateral hearing loss disability and tinnitus were not incurred in or aggravated by service, but granted service connection for tinnitus based on its onset during active service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, scheduling the Veteran for a VA examination to determine the nature and etiology of his bilateral hearing loss, and scheduling him for an updated VA spine examination to determine the current severity of his service-connected low back disability.