Hearing loss decisions — 2012

The Board has determined that the effective date for the grant of service connection for bilateral hearing loss cannot be earlier than June 4, 2007 due to the receipt of new and material evidence. The Veteran's original claim was denied in May 1991, but reopened on June 4, 2007.

The Board has determined that there is no competent evidence of current hearing loss or tinnitus, and thus service connection for these conditions cannot be established. The Veteran's claim for service connection for peripheral neuropathy of the right upper extremity as secondary to diabetes mellitus and diabetic retinopathy remains pending.

The Board has determined that the Veteran does not currently have bilateral hearing loss or a right shoulder disorder for which service connection is warranted. The claim for residuals of a traumatic brain injury and acquired psychiatric disorder (claimed as anxiety) remains pending.

The Veteran's bilateral hearing loss was evaluated and found to be Level I in the right ear and Level II in the left ear, resulting in a noncompensable rating. The Board determined that the current schedular criteria adequately described his disability.

The Board has reopened the Veteran's service connection claim for bilateral hearing loss and determined that new evidence submitted since October 1997 raises a reasonable possibility of substantiating the claim. However, the Board found no medical opinion linking the current bilateral hearing loss to service.

The Veteran's claims for bilateral hearing loss and tinnitus are remanded due to potential unverified periods of active duty service. Additional records, including National Guard treatment records, need to be obtained.

The Veteran's bilateral hearing loss has been rated at 40 percent since March 31, 2008 and increased to 60 percent effective October 22, 2008. The Board finds that the evidence does not support a higher rating for any period of time.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeals related to tinnitus, hearing loss, and service connection for these conditions.

The Board found that the Veteran's bilateral hearing loss was not incurred in or aggravated by service and denied her claim. The issue of migraine headaches is remanded for further development.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss for VA purposes, and thus cannot establish service connection.

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

The Veteran's appeal for service connection for type II diabetes mellitus has been withdrawn. The claims of entitlement to an initial compensable evaluation for bilateral hearing loss and TDIU are being remanded for additional development.

The Veteran withdrew his appeal for service connection for degenerative changes of the lumbar spine prior to a decision being made by the Board. The remaining issues of service connection for left and right foot heel spurs, bilateral hearing loss, and tinnitus are addressed in the REMAND portion of this decision.

The Veteran's bilateral hearing loss has been rated at 10 percent since the initial grant of service connection in October 2007. The Board finds that his condition does not warrant a higher rating.

The Board has granted a 10 percent rating for the Veteran's service-connected left otitis media, effective from the date of the initial grant of service connection. The Veteran's hearing loss is rated at the maximum schedular rating under Diagnostic Code 6200.

The Board found that the Veteran's right ear hearing loss did not warrant a compensable evaluation, as his hearing acuity levels were consistently below those required for any higher rating.

The Veteran's claim for a higher rating on an extraschedular basis for varicose veins of the right leg was denied. The Board found that the available schedular evaluation adequately described his disability level and symptomatology, and there were no exceptional or unusual factors rendering application of the schedule impractical.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied as there is no current disability recognized by VA standards, despite his assertions of in-service noise exposure. The Board found that the evidence did not establish a present hearing loss disability or tinnitus.

The Board has determined that the Veteran's hearing loss disability of the left ear is not related to service, and therefore denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining private treatment records and providing a VA examination to assess the impact of the Veteran's service-connected disabilities on his employability.