Hearing loss decisions — 2012

The Veteran's claims for service connection for bilateral hearing loss and tinnitus are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's service-connected hearing loss and tinnitus have prevented him from engaging in substantially gainful employment prior to the assignment of a 100 percent schedular rating for his hearing loss.

The Veteran's claims for effective dates earlier than February 9, 2009 for the grant of service connection for bilateral hearing loss and tinnitus are denied as they predate the date entitlement arose.

The Veteran's appeal for service connection for right ear hearing loss was dismissed due to his withdrawal of the appeal. The case remains on hold with respect to the claim for an initial rating higher than 10 percent for PTSD.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are etiologically related to his inservice noise exposure, granting service connection for both conditions.

The Board has decided to remand the case for further development and clarification of the VA examiner's opinion regarding the Veteran's right ear hearing loss. The claim will be reconsidered based on all available evidence.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are causally related to his active duty service, with noise exposure as a primary factor.

The Board has ordered a remand to determine if the Veteran's right ear hearing loss disability pre-existed service and, if so, whether it was aggravated by service. The claim will be reconsidered after this additional development.

The Veteran's service-connected bilateral hearing loss has been evaluated as non-compensable due to the current severity of his condition, which does not meet the criteria for a higher evaluation under applicable rating criteria.

The Veteran's service-connected bilateral hearing loss has been rated as 0 percent disabling, and the Board finds that a higher rating is not warranted. The evidence does not show marked interference with employment beyond what is contemplated by the current rating.

The Veteran's claimed hearing loss, tinnitus, and gastrointestinal problems (constipation) are not deemed to be the result of VA hospital/medical care or treatment provided during medical trial testing from January 5, 2001 to December 17, 2004. The proximate cause is also not considered to be due to negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has remanded the case for additional development due to insufficient medical opinion regarding the etiology of the Veteran's bilateral hearing loss and for obtaining updated treatment records.

The Board has determined that the claims of entitlement to service connection for bilateral hearing loss and tinnitus need further development, including a new VA examination. The Veteran's current hearing loss disability is being evaluated in light of his documented decline in hearing during service and his statement that he continued to be exposed to noise following his separation from service.

The Board has determined that the Veteran's hearing loss and tinnitus are related to his military service, while his back and knee disabilities are not. The claim for a back disability is denied as there is no evidence of in-service injury or chronic condition within one year after discharge. The claims for left and right knee disabilities are also denied due to lack of evidence showing an in-service injury.

The Board has determined that further development is needed before a decision can be made on the Veteran's claims for service connection. The claims will be remanded to allow for additional examination and opinion.

The Board has determined that the Veteran's bilateral hearing loss is due to injury incurred during his active military service, and therefore grants service connection for this condition.

The Board has remanded the Veteran's claims due to incomplete information and need for additional examinations. The appeal is currently pending further development.

The Veteran's appeal is being remanded due to the need for a videoconference hearing at the RO with a member of the Board sitting in Washington D.C.

The Board found no evidence linking the Veteran's current bilateral hearing loss and tinnitus to service, concluding that any relationship is speculative. As a result, the claims for service connection were denied.

The Board found that the Veteran did not incur a left ear hearing loss disability in service and that it is not otherwise attributable to service. The claim for service connection was denied.