Hearing loss decisions — 2013

The Veteran's bilateral hearing loss disability and tinnitus are related to his active service.

The Veteran's right ear hearing loss meets the criteria for a service-connected disability.,Chronic back pain in service and post-service symptoms support service connection for low back degenerative joint disease.,There is no credible evidence of a traumatic brain injury related to service, nor any current diagnosis. Service connection is denied.,The Veteran's currently diagnosed sleep apnea is not related to service.

The Board has decided to remand the case for a VA examination and opinion regarding the Veteran's bilateral hearing loss, as it is unclear if the current diagnosis is related to service.

The Veteran's claim for an increased rating for his lumbar degenerative disc disease was granted, with a 10 percent evaluation. His claims for service connection for bilateral hearing loss and tinnitus are pending.

The Veteran's tinnitus is found to be related to service, but his right ear hearing loss and left ear hearing loss are not found to be related to service.

The Board found that the Veteran's hearing acuity did not meet the criteria for a compensable rating under VA regulations, thus denying his claim for an initial compensable rating for bilateral hearing loss.

The Board finds that the reduction of the rating for bilateral hearing loss from 20 percent to noncompensable effective July 27, 2010 was proper.

The Veteran's hearing loss and tinnitus are being remanded for further examination to determine if they are related to service exposure.

The Board found that the evidence was sufficient for consideration of an extra-schedular rating, but this referral to the VA Chief Benefits Director or the Director of the VA Compensation and Pension Service did not occur. The Veteran's claim for a higher rating remains pending.

The Veteran's claim for an initial compensable disability evaluation for residuals of prostate cancer with erectile dysfunction prior to March 1, 2010 was granted. Effective March 1, 2010, the Veteran is assigned a 40 percent disability rating.

The Board has remanded the case for additional development, including obtaining treatment records and a VA examination to determine if the Veteran's current bilateral hearing loss disability is related to his military service.

The Veteran's initial claim for service-connected hearing loss disability was granted, and he is currently rated at a 10 percent evaluation. The Board has not found any evidence to support an increase in the rating prior to March 19, 2013.

The Board has determined that the Veteran's hearing loss disability causes significant occupational impairment beyond what is contemplated by the current 10% rating, warranting a higher 20% extraschedular evaluation.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to his active service, as evidenced by a lack of in-service complaints or findings of hearing loss or tinnitus. The VA examiner opined that it was less likely than not that the Veteran's hearing loss or tinnitus were related to military noise exposure.

The Board has determined that additional development is needed before a final decision can be made on the Veteran's claims for service connection.

The appellant's combined disability rating is 60 percent, which does not meet the threshold for schedular consideration of a TDIU. The VA examiners concluded that he could engage in fully gainful employment despite his service-connected disabilities.

The VA reduced the Veteran's hearing loss rating from 50% to 30%, effective February 1, 2012. The reduction was proper as recent evaluations showed Level VI hearing for both ears.

The Board has remanded the claims of service connection for left ear hearing loss and tinnitus to the RO via the AMC due to failure to report for scheduled VA audiological examinations. The Veteran is advised that failure to report may have detrimental consequences on this pending claim.

The Veteran's bilateral inguinal hernia disability is not service-connected as there was no evidence of a pre-existing condition during service and the current condition did not manifest until after discharge. The other issues were either not addressed or are not supported by sufficient evidence.

The Board has determined that a VA examination and medical opinion are needed to determine the likely etiology of the Veteran's current bilateral hearing loss and tinnitus, which may be related to in-service noise exposure. The case is therefore being remanded for further development.