Hearing loss decisions — 2013

The Veteran's claims for service connection for residuals of left arm injury or sprain and a compensable disability rating for bilateral hearing loss were denied. The claim for an increased initial evaluation for allergic rhinitis was granted.

The Board denied the Veteran's claims for service connection and initial ratings for various disabilities, finding that the evidence did not support a grant of benefits in any of the issues presented.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are related to his active service, warranting service connection.

The Veteran's tinnitus and right ear hearing loss are service-connected, but the Board found that neither condition alone or in combination precludes him from obtaining and maintaining substantially gainful employment. The claim for an extra-schedular rating for tinnitus was denied as there were no exceptional factors present to warrant such a rating. The TDIU claim was also denied.

The Veteran's hearing loss has not been shown to be service-connected, and the preponderance of evidence does not support a compensable rating for his bilateral hearing loss.

The Veteran's increased evaluation for bilateral hearing loss prior to April 4, 2007, and an evaluation in excess of 10 percent from that date have been denied as his current disability levels do not warrant higher ratings.

The Board has denied the Veteran's claims for service connection for tinnitus, circulatory problems (claimed as secondary to diabetes mellitus type II), right ear hearing loss disability, left ear hearing loss disability, and hypertension (claimed as secondary to diabetes mellitus type II).

The Board found that the Veteran's left ear hearing loss was caused by acoustic trauma during active service and granted service connection for this condition.

The Veteran's bilateral hearing loss disability was rated at 20 percent as of February 17, 2011. The Board denied the claims for a higher rating prior to that date and for a rating in excess of 40 percent.

The Veteran's claims for service connection were denied, and the Board found that new and material evidence had been received to reopen several of his claims. The effective date for PTSD was not established due to a finding of no CUE.

The Board has withdrawn the Veteran's appeal for increased rating for bilateral hearing loss. The effective date of service connection and a 10% disability rating for tinnitus was changed from February 26, 1999 to February 26, 1998.

The Board finds that the Veteran's bilateral hearing loss and tinnitus did not manifest to a compensable degree within one year of service separation, and there is no evidence of continuity of symptoms since service. The Veteran's contentions regarding continuous symptomatology are outweighed by other evidence of record, including lack of in-service complaints or treatment for these conditions.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, and tinnitus, do not render him unemployable due to their severity alone. The combined disability rating is sufficient to support a finding of TDIU.

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

The Board has remanded the case due to a failure to provide proper notice and compliance with Kent v. Nicholson, and for additional development of the claims file.

The Board has determined that the reduction in the rating assigned for bilateral hearing loss from 20 to 10 percent effective May 1, 2012 was proper. The claim to restore the 20 percent evaluation is denied.

The Veteran's appeal includes claims for various disabilities, including bilateral hearing loss and low back disability. The case is being remanded to obtain additional medical records and adjudicate the issues.

The Board has determined that the Veteran's bilateral hearing loss existed prior to service and was aggravated during service, warranting service connection.

The Veteran's claims for higher ratings for bilateral hearing loss and maxillary sinusitis and vasomotor rhinitis, as well as his claim for TDIU, were denied by the RO in September 2009. The Board remanded these issues to allow for further development.