Hearing loss decisions — 2012

The Veteran's bilateral hearing loss has been rated as 50 percent disabling since January 9, 2012.

The Veteran's right ear hearing loss was found to be incurred in service, and he is granted service connection for this condition. The claims of entitlement to increased ratings for his right leg radiculopathy and residuals of a gunshot wound to the right leg with incomplete tibial nerve injury are addressed but not decided.

The Veteran's claim for an earlier effective date for a 30% rating for bilateral hearing loss was denied as there is no evidence of entitlement to the benefit within one year prior to his August 21, 2008 claim.

The Veteran's service-connected bilateral hearing loss and tinnitus do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's bilateral hearing loss and tinnitus are service-connected, as is his PTSD. Service connection for diabetes mellitus and peripheral neuropathy of the upper and lower extremities was granted on a presumptive basis due to herbicide exposure.

The Veteran's claims of service connection for bilateral hearing loss and back disabilities were previously denied in a final rating decision. New evidence received since the last denial is not considered new and material, thus the claims remain denied.

The Board found that the Veteran's hypertension did not have its onset during service or within one year of separation from service and is not otherwise related to service. The claim for service connection for an ankle disability and bilateral hearing loss is remanded due to lack of a VA examination.

The Board has determined that the Veteran's bilateral hearing loss disability and tinnitus were incurred during service, and have been continuously present since then. As such, both conditions are granted as service connected.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for bilateral hearing loss and tinnitus. As such, these claims are denied.

The Veteran's claims for diabetes mellitus, tinnitus, and bilateral hearing loss were denied as there was no evidence of service connection or exposure to herbicides. The Board found that the Veteran did not serve in Vietnam during the Vietnam era and thus could not be granted presumptive service connection.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are at least as likely as not related to his period of service, including exposure to noise during active duty. Service connection is granted for these conditions.

The Board found that the Veteran's bilateral hearing loss and tinnitus are not related to his military service, including exposure to noise. The lumbar spine disability claim is pending as it has been remanded.

The Veteran's appeal is being remanded due to his failure to report for a scheduled Travel Board hearing. A new hearing will be scheduled at the earliest available opportunity.

The Board found no evidence of chronic right ear hearing loss during service or within one year post-service, and the Veteran's current right ear hearing loss is not related to his military service. The claim for service connection was denied.

The Board finds that the Veteran does not have a current right ankle disability or bilateral hearing loss, and thus service connection for these conditions is denied. The Veteran's assertions of continued symptomatology since active service are deemed not credible.

The Veteran's bilateral hearing loss disability, as evaluated by VA, is currently rated at 10 percent. The September 2009 VA examination showed puretone thresholds of up to 63 dB in the left ear and 58 dB in the right ear, with speech recognition scores of 70% and 76%, respectively. This resulted in a combined numeric designation of IV for each ear, leading to an initial 10 percent rating.

The Board denied service connection for right wrist disability, bilateral toenail fungus (claimed as secondary to diabetes), and malignant melanoma and basal cell carcinoma on the face (claimed as due to herbicide exposure). The Veteran's claims for hearing loss, left wrist disability, and fracture of the mandible were also addressed but are not discussed in this decision.

The Board has restored a 40 percent disability rating for bilateral hearing loss, effective December 1, 2008. The reduction from 40 to 10 percent was not proper based on the evidence.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's ear disability, to include otitis media. The Veteran is also scheduled for a VA orthopedic and neurological examinations to assess the severity of his service-connected chronic lumbar strain.

The Veteran does not have a diagnosed condition of bilateral hearing loss, tinnitus, or a skin disability of the feet that can be linked to his service. The Board finds no evidence of a heart condition secondary to PTSD.