Hearing loss decisions — 2013

The Veteran's claim of entitlement to an initial compensable rating for his service-connected bilateral hearing loss is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's claim for service connection for PTSD, bilateral hearing loss disability, and tinnitus was granted as the evidence supported these conditions were related to his military service.

The Veteran is seeking service connection for bilateral hearing loss and tinnitus. The VA examiner could not provide a clear opinion without resorting to speculation, as there was no significant upward shift in tested hearing thresholds during service or any inservice diagnoses of hearing loss or tinnitus.

The Board has determined that the Veteran does not have a current diagnosis of right ear hearing loss for VA purposes, and thus service connection is denied.

The Veteran's bilateral hearing loss has not been shown to warrant a compensable evaluation since March 31, 2009.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues of entitlement to service connection for bilateral hearing loss and tinnitus remain pending.

The Veteran's appeal for a compensable evaluation of 40 percent under 38 U.S.C.A. § 1151 for DDD of the lumbar spine with right lower extremity radiculopathy effective from July 10, 2007 has been dismissed due to withdrawal.,The Veteran's claim for SMC based on need for regular aid and attendance is granted.

The Board has determined that additional development is needed to determine if the Veteran's current bilateral hearing loss and tinnitus are related to his military service, including noise exposure during flight operations aboard an aircraft carrier.

The Veteran's claim for an earlier effective date for service connection of bilateral hearing loss was granted by the Board, but no specific rating or effective date was assigned.

The Veteran's service-connected bilateral hearing loss and tinnitus prevent him from securing or following a substantially gainful occupation, as they make it impossible for the average person to follow such an occupation.

The Veteran's service-connected bilateral hearing loss is currently rated at 60 percent, which is higher than the requested increase to 80 percent. The Board denied his claim for a higher rating as there was no evidence showing that the disability warranted an even higher rating.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The issues of entitlement to initial compensable disability ratings and service connection are pending.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are causally related to his military service, granting service connection for both conditions.

The Board has remanded the case to consider the Veteran's claim for an increased evaluation for his bilateral hearing loss disability, including on a schedular and extraschedular basis.

The Board has determined that the Veteran's bilateral hearing loss does not warrant a compensable rating under the applicable VA rating criteria.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's bilateral hearing loss was evaluated as noncompensable prior to November 30, 2009. Since then, it has been rated at 10 percent since that date.

The Veteran's claim for an initial compensable rating for bilateral hearing loss is denied. The Board finds that the Veteran does not meet the criteria for a compensable evaluation under VA rating criteria.

The Veteran's appeal was withdrawn regarding the claims of entitlement to an evaluation in excess of 40 percent for the lumbar strain and entitlement to an effective date prior to January 8, 2008 for the award of the increased 40 percent rating for the lumbar strain. The Board also found that his allergic rhinitis did not meet criteria for a compensable evaluation since March 10, 2006, and his bilateral hearing loss was not compensably rated at any time during this period.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for further development and consideration of his service-connected disabilities in combination, not just individually.