Hearing loss decisions — 2012

The Board has determined that the Veteran's left ear hearing loss disability was incurred during active military service.

The Veteran's claim for a TDIU rating is being remanded due to the need for further development and consideration of his service-connected disabilities, including those related to hearing loss, tinnitus, left hip disability, diplopia as a residual of a facial fracture, and right hip disability. The issue of whether new and material evidence has been received to reopen claims for other conditions is also being remanded.

The Veteran's bilateral hearing loss is currently manifested by Level VII hearing acuity in the right ear and Level VI hearing acuity in the left ear, resulting in a 30 percent disability rating under VA regulations.

The Veteran's PTSD was granted with a 30 percent initial disability rating effective October 26, 2005. The RO also denied service connection for bilateral hearing loss and tinnitus.

The Board has determined that the Veteran's current bilateral hearing loss is a result of noise exposure during active duty, and grants service connection for this condition.

The Veteran's claims for service connection for PTSD and a low back disorder have been reopened, with the underlying claim for PTSD being granted.,Service connection has not been established for bilateral hearing loss or tinnitus.

The Veteran's service-connected bilateral hearing loss has been rated as noncompensable since its initial grant. The RO found that the Veteran's right knee disability did not meet the criteria for a compensable evaluation.

The Board has decided to remand the Veteran's claims for increased evaluations of PTSD and bilateral hearing loss due to the need for additional examinations, as well as a review of his VA treatment records.

The Board has determined that the Veteran does not have a diagnosed bilateral hearing loss disability, and his claims for TBI, cervical spine fracture, thoracic spine fracture, and left levator scapula syndrome are denied as they do not meet the criteria for service connection.

The Board denied the reopening of the Veteran's claim for service connection for a bilateral ear disability with hearing loss as new and material evidence was not presented to raise a reasonable possibility of substantiating the claim.

The Veteran is granted service connection for hemorrhoids and tinnitus, with a non-compensable rating for bilateral hearing loss. The Veteran's headaches are rated as 30 percent disabling effective September 16, 2011. The epidermal cyst has been assigned a zero percent disability rating.

The Board is remanding the case to adjudicate a claim of clear and unmistakable error in the rating decision for hearing loss, as well as the dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are not related to his period of active military service, including exposure to loud noise during service. As such, service connection for these conditions cannot be established.

The Veteran's appeal has been dismissed as he withdrew his claims for the issues of entitlement to an initial evaluation in excess of 10 percent for sacroiliac dysfunction with sacral strain, service connection for a respiratory condition as due to undiagnosed illness, service connection for a right knee condition to include surgical scar and service connection for bilateral hearing loss. The claim for tinnitus is granted.

The Board has determined that a VA examination is needed to determine the relationship between the Veteran's hearing loss and tinnitus and his service, as well as any relevant National Guard service. The RO must also obtain treatment records from the private physicians who provided opinions on these conditions.

The Board has granted service connection for left ear hearing loss and tinnitus, finding that the Veteran's current disabilities are related to his in-service noise exposure.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are related to his exposure to loud noise during service, and thus grants service connection for these conditions.

The Board has granted service connection for tinnitus, finding that the Veteran's history of tinnitus since service is credible and consistent with the nature of his service. Service connection was denied for bilateral hearing loss as there is no evidence of a current disability meeting VA criteria.

The Veteran's claim for an initial compensable evaluation for bilateral hearing loss is being remanded due to the need for further development of his claims file, including obtaining clarification from private audiology reports and requesting additional medical records.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his military service, and therefore denied both claims.