Hearing loss decisions — 2012

The Board has determined that the Veteran's service-connected right leg amputation contributed substantially or materially to his death, resulting in a finding of service connection for the cause of his death.

The Veteran's bilateral hearing loss disability results in a 10 percent evaluation, as the average puretone thresholds and speech discrimination scores do not meet criteria for higher ratings. The Board found that an exceptional pattern of hearing impairment was shown in the left ear but did not exceed levels contemplated for a 10 percent rating.

The Veteran's service-connected disabilities rated at 20 percent or more do not meet the criteria for vocational rehabilitation benefits under Chapter 31, Title 38, United States Code due to his advanced educational attainments and transferable past employment skills.

The Veteran's appeal is denied as he does not have tinnitus and the Board finds that there is no evidence to support service connection for this condition.

The Veteran's bilateral hearing loss is currently manifested by average pure tone thresholds at 1,000, 2,000, 3,000, and 4,000 hertz of 35 decibels in the right ear and 39 decibels in the left ear. The Veteran's hearing acuity does not meet the criteria for a compensable (0%) disability rating under VA's Rating Schedule.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss related to his military service and therefore denied his claim for service connection.

The Veteran's initial noncompensable rating for bilateral hearing loss has been granted, effective September 14, 2007.

The Board found new and material evidence to reopen the claim for service connection for bilateral sensorineural hearing loss, but could not determine if it was related to service due to conflicting medical opinions. The Veteran's hearing loss disability is currently rated as 0% (noncompensable).

The Veteran's bilateral hearing loss has been evaluated as noncompensable since September 28, 2007. The VA examinations have consistently shown that the Veteran's hearing acuity is no worse than a Roman numeral designation of II in the right ear and III in the left ear.

The Board found that the Veteran's hearing loss did not meet the criteria for a compensable rating based on VA audiometric evaluations conducted in June 2008, May 2010, and December 2010. The findings were no more than level I or II hearing in both ears, which do not warrant a compensable rating under the applicable diagnostic codes.

The Board has remanded the case for further development of service records and to determine if the Veteran's diabetes mellitus, type II is related to his military service. The issues of entitlement to service connection for left ear hearing loss, tinnitus, and diabetes mellitus, type II remain on appeal.

The Veteran's bilateral hearing loss disability, as evaluated prior to December 22, 2011, and beginning from that date, does not meet the criteria for a compensable or higher evaluation based on audiometric testing results.

The Veteran's appeal involves multiple service connection claims for various conditions, as well as a claim for an increased rating and TDIU. The Board has determined that additional development is needed to address these issues.

The Veteran's claim for higher ratings for bilateral hearing loss prior to June 7, 2008 and from that date was denied as the evidence did not show any period of time when his hearing acuity warranted a rating in excess of 30 percent or 40 percent respectively.

The Veteran's claims for service connection for psychiatric disability, bilateral hearing loss disability, back disability, and left knee disability were denied as no evidence of a disease or injury related to these conditions was found during his active duty or any other period of service.

The Veteran's claims for neck disorder, lumbar spine degenerative disc disease, and bilateral hearing loss were dismissed as the Veteran withdrew his appeal. The issues of reopening service connection for these conditions are also dismissed.

The Veteran's claims for service connection are being remanded due to insufficient evidence regarding the relationship between his current hearing loss, tinnitus, and right ear otalgia and events in service. Further development is needed.

The Board has determined that additional development is necessary for the Veteran's claims of entitlement to service connection for bilateral hearing loss and loss of vision in the left eye. The case is REMANDED for a VA examination to determine the likely nature and etiology of any diagnosed bilateral hearing loss, and for issuance of a supplemental SOC regarding the issue of entitlement to service connection for loss of vision in the left eye.

The Board denied the Veteran's claims of service connection for left shoulder disability, back disability, glaucoma, and bilateral hearing loss. The claim for initial rating for depression was also denied.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss due to exposure to loud noise during his Navy career. The Veteran now meets the criteria for a diagnosed disability (bilateral hearing loss) and there is sufficient evidence linking this condition to his military service, thus granting service connection.