Hearing loss decisions — 2012

The Veteran is seeking TDIU and service connection for a psychiatric disorder secondary to his service-connected sleep apnea. The case has been remanded due to the need for additional development, including issuance of a statement of the case on service connection for a psychiatric disability.

The Veteran's claims for initial evaluations in excess of 30 percent for bilateral hearing loss and 10 percent for tinnitus, as well as his requests for earlier effective dates, have been dismissed due to the withdrawal of these issues by the Veteran during a Board hearing.

The Board found that the Veteran does not have a current diagnosis of hearing loss or tinnitus, and thus is not entitled to service connection for these conditions.

The Board has determined that the Veteran's current hearing loss and tinnitus are not related to his military service, and thus denied both claims.

The Board denied the Veteran's claims for service connection for hypertension, bilateral hearing loss, tinnitus, and erectile dysfunction as secondary to his service-connected diabetes mellitus, type II. The Board also found that there was no nexus between the Veteran's hypertension and his diabetes mellitus, type II.

The Board found that the reduction of the disability rating for bilateral hearing loss from 50 percent to 10 percent was proper, and granted the Veteran's increased ratings since February 1, 2009.

The Board has remanded the case to the RO for additional development due to a change in hearing judge.

The Veteran's service-connected bilateral hearing loss is rated at 10 percent prior to August 15, 2012 and 30 percent thereafter. The Board finds that the current ratings adequately reflect the severity of his disability.

The Board found that the Veteran's hearing impairment did not meet the criteria for a hearing loss disability for VA compensation purposes and denied his claim for service connection for bilateral hearing loss.

The Veteran's death was caused by pancreatic cancer, but the Board finds that his service-connected coronary artery disease substantially contributed to his death. As such, the claim for service connection for the cause of death is granted.

The Veteran's right knee disability is rated at 10 percent, and his bilateral hearing loss does not meet the criteria for a compensable rating.,Both conditions are evaluated under the 'direct' service connection theory.

The Veteran's claims for earlier effective dates and increased ratings have been denied as the evidence does not support an earlier effective date or higher rating than what has already been granted.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied, and his service connection claim for left arm disability (numbness) was also denied. The Board found that the evidence did not support granting either claim.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not have onset in service or within one year of service, and were not caused or permanently aggravated by his active military service. Therefore, the claims for service connection are denied.

The Veteran's claims for service connection for bilateral hearing loss and chronic bronchitis were denied as there is no current disability meeting VA criteria, and the evidence does not establish a chronic condition during or within one year after service.

The Board has determined that the Veteran's bilateral hearing loss does not meet the criteria for a compensable rating under VA regulations.

The Board finds that the Veteran's vision loss is due to refractive error and not related to service. The claims for sinusitis, bilateral hearing loss, and nerve disability of the feet are remanded for further development.

The Board found that the appellant's current bilateral hearing loss and left ear tinnitus are not related to service, as there is no evidence of a chronic condition during service or during an applicable presumptive period. The VA examiner opined that the appellant's bilateral hearing loss was not at least as likely as not related to in-service noise exposure/acoustical trauma.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are at least as likely as not caused by acoustic trauma sustained during service, granting service connection for both conditions.

The Veteran's appeal is being remanded for additional development to obtain relevant medical records and for VA examinations to assess the nature and etiology of his claimed bilateral hearing loss disability, tinnitus, and PTSD.