Hearing loss decisions — 2013

The Board found no evidence of current bilateral hearing loss in accordance with VA standards, and thus denied the Veteran's claim for service connection.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's service-connected disabilities render him unemployable and considering his claim of entitlement to an extraschedular rating for bilateral hearing loss under the provisions of 38 C.F.R. § 4.16(a).

The Board found that the evidence is in equipoise as to whether the Veteran's current bilateral hearing loss and tinnitus are related to his service, thus granting service connection for both conditions.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of a relationship between in-service noise exposure and current hearing loss. The Board also found credible the Veteran's testimony regarding his long history of tinnitus since service discharge.

The Board denied the Veteran's claims for service connection for a respiratory disorder and an increased rating for bilateral hearing loss disability, finding that the evidence did not meet the criteria for an evaluation in excess of 40 percent.

The Veteran's bilateral hearing loss disability has been rated at a noncompensable level throughout the appeal period, as it does not meet the criteria for a compensable evaluation under VA rating schedule.

The Board found that the Veteran's current leg complaints are not related to his in-service lower leg contusions and denied service connection for residuals of contusions of bilateral lower legs. The other claims were also denied as there was no evidence linking the claimed conditions to service.

The Board denied the Veteran's claim for service connection for a bilateral hearing loss disability, finding that there was no evidence linking his current hearing loss to his military service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, with the onset likely occurring during active duty. As such, these conditions have been granted as service connected.

The Board has remanded the case due to procedural inconsistencies and the need for a new VA examination. The Veteran's claim of service connection for bilateral hearing loss is pending.

The Board finds that the Veteran's service-connected disabilities do not render him unemployable, as he is able to perform sedentary work with frequent position changes.

The Board found that the Veteran's bilateral hearing loss and tinnitus did not have their onset within a year of service separation or were otherwise related to his active duty service.

The Veteran withdrew his appeal regarding the initial evaluation for macular scar, right eye, with pterygium, bilateral eyes at a hearing. The case is dismissed as there are no pending claims.

The Board found that the Veteran's bilateral hearing loss disability and tinnitus were not incurred in or aggravated by military service, as there was no evidence of a current disability related to noise exposure during service. The claims are therefore denied.

The Veteran withdrew his appeals for the issues of an initial compensable rating for hiatal hernia and service connection for bilateral hearing loss disability, as well as entitlement to service connection for chest pain.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral knee disability and bilateral hearing loss. The case is now remanded for further development, including a VA examination.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are at least as likely as not related to his active service exposure to hazardous noise.

The Board found that the Veteran's headaches were not incurred in or aggravated by active service.,A bilateral hearing loss disability was not shown during service or for many years thereafter, and the weight of the probative evidence is against a finding that a current bilateral hearing loss disability is related to active military service.

The Board has restored a 40 percent rating for the Veteran's service-connected low back pain with herniated nucleus pulpous L5-S1, now diagnosed as status post L5-S1 left hemilaminectomy, foramenotomy, L5-S1 microdiscectomy with advanced degenerative disc disease. The reduction from 40 to 20 percent was found to be void ab initio.

The Board has remanded the case for additional development, including scheduling of hearings before a Decision Review Officer and a Travel Board. The Veteran's claims will be further considered based on this new information.