Hearing loss decisions — 2013

The Board found that the Veteran's bilateral hearing loss disability did not manifest during his first and second periods of active duty, was not compensably disabling within one year of separation from those periods, and is unrelated to his first and second periods of active duty. The Court of Appeals for Veterans Claims (CAVC) has determined that the evidence does not clearly and unmistakably demonstrate that the Veteran's hearing loss pre-existed service or was aggravated by service.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to his military service, with no presumption of exposure or other specific theory of connection.

The Board has decided to remand the case for further development, including obtaining an April 1983 Audiological examination report from the Topeka VAMC and requesting another medical opinion.

The Board denied service connection for a low back disorder and bilateral hearing loss, finding that the Veteran did not meet the criteria for in-service incurrence or continuity of symptomatology.

The Board denied the Veteran's claims for service connection for left ear hearing loss, tinnitus, hemorrhoids, and a left shoulder disability due to lack of evidence showing these conditions were incurred or aggravated by military service.

The Board has determined that the Veteran did not timely file a substantive appeal regarding his left knee disability claim, and thus the March 2008 rating decision denying an increased rating for this condition is final. The issue of whether he timely filed a substantive appeal on the hearing loss claim remains pending.

The Board has reopened the claims for service connection for bilateral hearing loss and tinnitus, but has determined that new and material evidence has not been submitted to reopen the claim of service connection for a lung disability. The lung disability claim is being remanded for further development.

The case is being remanded for the VA to obtain and associate with the claims file additional treatment records, and then readjudicate the issue of entitlement to a compensable rating for bilateral hearing loss.

The Veteran seeks service connection for a bilateral hearing loss disability, which he claims is related to noise exposure during active duty. The VA examiner found that it was less likely than not that the Veteran's hearing loss had its clinical onset during active service or is related to his in-service noise exposure.

The Board found no evidence of bilateral hearing loss for VA purposes and denied service connection for this condition.,There was also no evidence of a left ear disability, claimed as popping, meeting the criteria for service connection. The Veteran's assertions were not supported by medical evidence.

The Board denied the Veteran's claims for increased rating for bilateral hearing loss and TDIU, finding that his disability did not warrant a higher than 50 percent evaluation.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that these conditions are causally related to active service. Service connection was denied for a respiratory disorder due to asbestos exposure.

The Board has scheduled a videoconference hearing for the Veteran and is remanding the case back to the Department of Veterans Affairs Regional Office (RO) for further action.

The Veteran's service-connected disabilities have been shown to prevent him from securing and following substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability and tinnitus as there is no current disability, and the evidence does not support a finding of in-service incurrence or continuity of symptomatology.

The Board finds that the Veteran has current diagnoses of hearing loss and tinnitus, which are likely related to his in-service noise exposure. Therefore, service connection is granted for these conditions.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to service, with the latter being secondary to his hearing loss. Service connection is granted for both conditions.

The Veteran's appeal is being remanded to the RO for scheduling a personal hearing before a Veterans Law Judge (VLJ) at his local RO. The claims will be reviewed after the hearing.

The Veteran's hearing loss is currently rated as noncompensable, with puretone thresholds at each of the specified frequencies not meeting criteria for a compensable rating.

The Board has remanded the case for a VA examination to determine the etiology of the Veteran's hearing loss and tinnitus, as well as readjudication based on the results.