Hearing loss decisions — 2013

The Board found that the Veteran does not have current bilateral hearing loss or tinnitus disabilities for VA purposes and denied his claims for service connection. The right elbow disability claim was also denied.

The Board found that the interruption of vocational rehabilitation benefits was proper and that achievement of a vocational goal is not reasonably feasible for purposes of entitlement to vocational rehabilitation under Chapter 31.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating, as his combined disability rating is 40 percent and he can still engage in substantially gainful employment.

The Board found that the Veteran's headaches were not incurred in or aggravated by active military service, and they are not the result of or aggravated by a service-connected disability. The VA examiner concluded that the Veteran's headaches were not likely related to his service-connected bilateral hearing loss and tinnitus.

The Board found that the Veteran's death was not caused by or a result of service-connected disabilities, including his left knee disability and Still's disease. The cause of death was determined to be an occipital-atlantal separation due to a motorcycle accident where the Veteran lost control of his vehicle while under the influence of alcohol.

The Board denied the Veteran's claims for service connection for hearing loss, ear pain, and a sleep disorder. The evidence did not meet the criteria for a disability under VA regulations for hearing loss or show a current disability related to in-service noise exposure.

The Veteran's hearing loss is currently rated at 20 percent, the maximum schedular rating available for bilateral hearing loss. The Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claim for service connection for bilateral hearing loss was denied. The Board also found that the Veteran does not have a current disability of bilateral hearing loss for VA compensation purposes, and thus cannot establish service connection. For his left varicocele, the Veteran is currently rated as noncompensably disabling, but he contends it causes voiding dysfunction.

The Veteran's tinnitus is likely related to his service, and the Board has granted service connection for this condition. The issue of entitlement to an initial compensable disability rating for right ear hearing loss was withdrawn by the Veteran prior to a decision being made.

The Veteran's claims for service connection for hearing loss and tinnitus have been reopened, but the Board is remanding these issues to obtain additional evidence. The claim for a higher evaluation for bronchitis remains on appeal, as does the waiver of overpayment issue.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's hearing loss and tinnitus disabilities, as the original examiner did not discuss post-service noise exposure in detail.

The Board has remanded the Veteran's claims for further development, including obtaining medical opinions regarding his claimed conditions and their relationship to service.

The Veteran's service-connected disabilities (PTSD, Type II Diabetes Mellitus, Tinnitus, and Bilateral Hearing Loss) produced a combined disability rating of 60 percent from November 24, 2007 to March 8, 2010. However, the criteria for a total disability rating based on individual unemployability were not met during this period.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation prior to March 5, 2012.

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

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

The Veteran's case is being remanded for additional development, including a VA audiometric examination and consideration of an extraschedular evaluation.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise as to whether these conditions had onset during service.

The Board has found that the Veteran's hearing loss and tinnitus are not related to his military service, as there was no evidence of current disability during or within one year after service. However, the VA examiner did not have access to all relevant records, including those from the early 1980s when the Veteran first noticed symptoms.

The Veteran's claims for service connection for various conditions, including respiratory disorder, bilateral feet disorder, stomach disorder, depression and anxiety, bilateral hearing loss, and tinnitus, were denied as the evidence does not support a current disability or a link to service.