Hearing loss decisions — 2012

The Veteran's claims of service connection for bilateral hearing loss, respiratory disorder (asbestosis), and recurring cysts have been partially granted. The claim for bilateral hearing loss is reopened due to the submission of new and material evidence. Service connection has not been established for the respiratory disorder or recurrent cysts.

The Board has determined that the Veteran's left ear disabilities, including otitis media, hearing loss, and tinnitus, are service-connected based on direct evidence of a link between these conditions and his military service.

The Board has determined that the Veteran does not have a right ear hearing loss disability for VA purposes and therefore, service connection is denied. The claims of entitlement to higher initial ratings for his right hand scars, left knee conditions, GERD, and thoracic strain are also denied.

The Veteran's appeal is being remanded due to the need for updated medical records and compliance with VA's duties to notify and assist. The issues of increased evaluations for arteriosclerotic heart disease, bilateral pes cavus, and right ear hearing loss are pending.

The Veteran's bilateral hearing loss disability, at its worst during the initial rating period from July 31, 2004 to July 11, 2006, resulted in an average puretone threshold of 53.75 and 96 percent speech recognition in the right ear, and a threshold of 51.25 and 100 percent speech recognition in the left ear. The disability did not meet the criteria for a compensable (10%) rating.

The Board denied service connection for the Veteran's claimed conditions, finding that his hearing loss did not meet VA criteria for a disability and thus could not be service-connected.

The Veteran's claim for higher ratings for his bilateral hearing loss disability is being remanded due to the need for additional development, including a VA audiological examination.

The Veteran's bilateral hearing loss is manifested by no worse than a Level III impairment of auditory acuity in the right ear and a Level II impairment of auditory acuity in the left ear, resulting in a noncompensable evaluation. The Board finds that his disability picture does not warrant an exception to the rating schedule.

The Veteran's claim for a compensable rating for bilateral hearing loss is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss in previous decisions. New evidence submitted since those decisions does not provide a new basis to reopen the claims.

The Veteran withdrew his appeal regarding the claims of entitlement to service connection for PTSD, dermatitis, cardiovascular disease, heart disability, muscle pain, and joint pain prior to a decision being made by the Board.

The Board found that the appellant's character of discharge from October 1969 to June 1972 constituted a bar to VA benefits, and denied all service connection claims.

The Board has reopened the claim and determined that new evidence supports a finding of current bilateral hearing loss related to service. The Veteran's exposure to noise during military service is considered, but no specific exposure basis was provided.

The Veteran's claim is being remanded due to the need for a new VA examination to assess his bilateral hearing loss, as there are recent private medical records indicating a worsening of his disability.

The Veteran's claim for TDIU benefits is being remanded due to the need for a VA medical examination and additional development of his Social Security Administration records.

The Board has determined that the Veteran does not have a current disability related to right ear hearing loss, asbestos exposure, or radiation exposure for VA purposes and therefore denied his claims of entitlement to service connection for these conditions.

The Board denied the Veteran's claims for earlier effective dates for service connection of bilateral tinnitus and left ear hearing loss, finding that no claim was filed prior to May 19, 2009.

The Veteran's claims for service connection for left ear hearing loss and an initial compensable evaluation for right ear hearing loss are being remanded due to the need for additional medical examination and opinion regarding the etiology of his hearing loss.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, tinnitus, and a right thigh scar from a gunshot wound, collectively meet the schedular requirements for consideration of a TDIU. With full consideration of his educational background and occupational experience, and resolving doubt in his favor, the Veteran is precluded from obtaining or retaining substantially gainful employment.

The Board has remanded the case due to incomplete service treatment records and the need for additional VA examinations. The Veteran's claims for hearing loss and lumbar strain are being reviewed with consideration of all applicable laws and regulations.