Hearing loss decisions — 2012

The Board has determined that the Veteran does not meet the criteria for a hearing loss disability under VA standards, and thus service connection for right ear hearing loss is denied.

The Veteran's service connection claims for tinnitus and bilateral hearing loss are granted as the evidence supports a finding that these conditions began in service or are related to his military noise exposure.

The Board has determined that the Veteran's currently manifested bilateral hearing loss and tinnitus are at least as likely as not caused by or related to his military service, including exposure to noise during active duty.

The Veteran's current diagnoses of bilateral hearing loss and tinnitus are not related to his military service, including noise exposure.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus were not incurred in or aggravated by service, and may not be presumed to have been incurred in service.

The Board found that the Veteran's cause of death, probable myocardial infarction, was not caused or substantially contributed to by his service-connected conditions (COPD, hearing loss, and tinnitus).

The Veteran's hearing loss disability, rated at 40 percent disabling since September 1963, has not met the criteria for a higher rating during any portion of the appeal period. The VA audiological examinations have consistently shown that the Veteran's bilateral sensorineural hearing loss does not warrant an evaluation in excess of 40 percent.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected bilateral hearing loss and diabetes mellitus type II.

The Board has determined that the Veteran does not have current hearing loss disability for which service connection can be granted, and there is no medical evidence linking his tinnitus to service. The claim for bilateral hearing loss is denied as there is no current disability meeting VA criteria for a hearing loss disability. The claim for tinnitus is also denied due to lack of continuity of symptoms since service.

The Board finds that the Veteran's current bilateral hearing loss and tinnitus are related to his in-service noise exposure, with doubt resolved in favor of the Veteran. Service connection is granted for these conditions.

The Veteran's claim for an increased rating in excess of 10 percent for his service-connected bilateral hearing loss is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's claims for service connection for basal cell carcinoma, squamous cell carcinoma, and a thyroid disability have been denied as these conditions are not presumed to be related to his military service. The Veteran's claim for service connection for hypertension has been granted.,Service connection was established for the Veteran's acquired psychiatric disability (to include posttraumatic stress disorder) due to its presumptive relationship with his military service.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to service, as there was no credible evidence of in-service injury or disease of the ears, including exposure to loud noises or acoustic trauma, or even in-service symptoms of hearing loss or tinnitus.

The Board found that the Veteran's bilateral hearing loss and tinnitus did not meet the criteria for service connection, as they were noted to have existed prior to his entry into active military duty.

The Veteran's initial claim for a higher rating for cervical vertigo was granted, but the effective date remains February 1, 2010.,The Veteran's appeal for an earlier effective date for his TDIU was denied.

The Veteran's claim for an initial rating in excess of 10 percent for service-connected bilateral hearing loss prior to October 17, 2011 was granted. From October 17, 2011 forward, the Veteran is entitled to a higher rating.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are not related to his active service, as there is no evidence of in-service noise exposure or continuity of symptoms since service. The claim for service connection is therefore denied.

The Board denied the Veteran's claims for service connection for left ear hearing loss and for initial disability ratings in excess of 10 percent for osteochondritis desiccans, residuals of shrapnel injuries to muscle group XIX, and abdominal scars. The Veteran's left knee disability was rated as zero percent prior to January 30, 2012, but the Board found that a rating in excess of 10 percent is not warranted from that date forward.

The Board found no higher evaluation was appropriate for the Veteran's left ear hearing loss disability, as it did not meet the criteria for a compensable evaluation under Diagnostic Code 6100.

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