Hearing loss decisions — 2012

The Board has determined that a remand is necessary to obtain updated VA treatment records and to schedule the Veteran for a new VA audiological examination to assess the current severity of his service-connected bilateral hearing loss.

The Veteran had noise exposure during service and developed hearing loss and tinnitus. The VA has determined that these conditions are at least as likely as not related to his military service.

The Veteran's appeals for service connection on the issues of tremors of the left hand, obesity, bilateral hearing loss, and melanoma of the right shoulder have been withdrawn. The remaining claim of entitlement to service connection for melanoma of the right shoulder is remanded for further development.

The Veteran's daughter is appealing the denial of service connection for bilateral hearing loss and tinnitus for accrued benefits purposes. The appeal has been remanded due to incomplete VCAA notice.

The Veteran's claims of service connection for bilateral hearing loss and bilateral tinnitus are being remanded due to the need for a clarifying medical opinion regarding the existence and etiology of these conditions.

The Veteran does not currently have a left ear hearing loss disability for VA compensation purposes, and therefore his claim of service connection for this condition is denied.

The Board has dismissed all issues on appeal due to the appellant's withdrawal of his appeals.

The Veteran withdrew his appeal regarding the denial of service connection for bilateral hearing loss and tinnitus.

The Veteran's service-connected disabilities, including bilateral hearing loss and tinnitus, have rendered him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience. The Board has resolved all reasonable doubt in favor of the claimant.

The Board has determined that additional development is necessary to determine the etiology of the Veteran's bilateral hearing loss and left eye condition, including obtaining VA medical records and Social Security Administration records. The case will be remanded for these purposes.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's hearing loss was aggravated by service. The claim will be adjudicated again after a new audiologist provides an adequate opinion.

The Board has reopened the claim for service connection for right ear hearing loss due to new and material evidence. However, the Veteran does not have a current disability of right ear hearing loss as defined by VA regulations.

The Board has remanded the case for a new VA examination to address whether the Veteran's current bilateral hearing loss is related to his active duty service, including noise exposure and any damage to his hearing ability during service. The examiner should also consider the significance of recent medical research on cochlear nerve degeneration.

The Veteran's claim for earlier effective dates was denied as his application for benefits was received by VA on January 18, 2007, which is the date he contacted the Disabled American Veterans (DAV) office. The one-year deadline for filing a claim after separation from service has expired.

The Board has determined that additional development is needed, including obtaining VA medical records and scheduling the Veteran for an audiology examination. The claims will be readjudicated after these actions.

The Veteran has withdrawn his appeals regarding the issues of service connection for bilateral hearing loss and tinnitus, as well as an increased rating for PTSD with depression. The appeal is dismissed without prejudice.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person or confined to his home, thus denying entitlement to special monthly compensation based on the need for aid and attendance or at the housebound rate.

The Board found that the Veteran's hearing loss and tinnitus are not related to his active service, including any in-service noise exposure and acoustic trauma. The appeal is denied.

The Veteran's death was not due to his own willful misconduct. However, he did not have a service-connected disability rated at 100% for 10 years prior to his death, nor was he entitled to a total disability evaluation on the basis of individual unemployability for 10 years prior to his death, nor was he a former prisoner of war who died after September 30, 1999. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking any service-connected disability to his fatal recurrent urinary tract infection. The appellant's income exceeded the maximum annual pension rate, thus denying her nonservice-connected death pension benefits.