Hearing loss decisions — 2012

The Board has remanded the case due to outstanding VA medical records and an addendum opinion from the examiner who performed the May 2011 VA examination.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, including exposure to loud noises during combat duty in Vietnam. As a result, the claims for service connection have been granted.

The Board found that the increase in severity of the Veteran's pre-existing right ear hearing loss disability during service was due to the natural progress of the disability, and therefore denied the claim for service connection.

The Veteran's bilateral hearing loss has been rated at 20 percent since August 11, 2007. The Board finds that the evidence does not support a higher rating.

The Board has granted service connection for right ear hearing loss, finding that it is causally related to noise exposure during service. The Veteran's testimony regarding his difficulty hearing shortly after service and the findings at entrance and separation from service support this decision.

The Board denied the Veteran's claims for service connection for right ear hearing loss and tinnitus, finding that there was no evidence of hearing impairment within the meaning of VA regulations. The claim for PTSD was also denied.

The Veteran's appeal is remanded for additional development, including obtaining medical records and providing the Veteran with proper notice regarding his claims. The Board will also consider whether new and material evidence has been received to reopen his claim of service connection for an acquired psychiatric disorder other than PTSD.

The Veteran's claim of service connection for left ear hearing loss is denied as he does not meet the criteria for a current disability under VA standards. The Board finds that his claim must be denied by operation of law.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, with a reasonable basis attributing these conditions to exposure to gunfire and noise during active duty.

The Board has reopened the claim for service connection for bilateral hearing loss and tinnitus due to in-service noise exposure. The Veteran's current diagnoses of bilateral sensorineural hearing loss and tinnitus are supported by medical evidence, and his competent statements regarding in-service acoustic trauma have been considered. A positive medical nexus opinion supports a finding that his hearing loss is causally related to service.

The Veteran is unable to find or maintain substantially gainful employment due to his service-connected disabilities, with the exception of October 12, 2010 when he received a 100% rating. The issue is now moot after that date.

The Board has reopened the claim for service connection for bilateral hearing loss and finds that new and material evidence has been submitted. The Veteran's current bilateral hearing loss is related to his military service, as evidenced by his in-service noise exposure from artillery fire and explosions.

The Board has determined that additional development is required before the issues of service connection for bilateral hearing loss and tinnitus can be adjudicated on the merits.

The Board has found that the Veteran's bilateral hearing loss and tinnitus are related to his military service. However, further examination is needed to determine if his right shoulder, right foot, and left knee disabilities are also related to his service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not begin during service or are otherwise related to in-service noise exposure. As a result, the claims for service connection have been denied.

The Veteran's unauthorized medical expenses incurred from September 8, 2006 to September 10, 2006 at St. Francis Hospital are approved as the VA facilities were not feasibly available and an attempt to use them beforehand would not have been reasonable.

The Veteran's claims for increased ratings for tinnitus and hearing loss were denied. The Board found that the evidence did not support a higher rating for tinnitus, as it is rated at its maximum allowed by VA regulations. For the period from November 26, 2008 to June 9, 2010, the Veteran's bilateral hearing loss was also rated at its maximum allowable under VA regulations.

The Veteran's service-connected disabilities, including bilateral hearing loss, right shoulder bursitis with ulnar neuropathy, duodenal ulcer, tinnitus, right wrist sprain with small degenerative cyst, otitis media, and hemorrhoids, preclude him from securing and maintaining gainful employment. The Board grants entitlement to TDIU.

The Board finds that the Veteran's current left ear hearing loss is not related to his in-service noise exposure or to any service-connected condition, and thus does not warrant service connection.

The Board finds that the Veteran's current acquired psychiatric disorder is not service-connected, as there is no evidence to support a finding of direct service connection. The hearing loss claim has been remanded due to incomplete development.