Hearing loss decisions — 2013

The Board has granted service connection for a low back disorder, finding that it is at least as likely as not related to active duty. Bilateral hearing loss and tinnitus were denied due to lack of continuity of symptoms since service and no medical evidence linking these conditions to service.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for additional medical opinions and VA treatment records.

The Veteran's right ear hearing loss disability is found to be incurred in service. The claim for left ear hearing loss disability is remanded.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus do not meet the criteria for service connection as they are not shown to be causally or etiologically related to his military service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his exposure to noise during active service, and thus grants service connection for these conditions.

The Veteran's service-connected bilateral hearing loss and tinnitus have been evaluated at the maximum available rating of 10 percent. The claim for an initial rating in excess of 10 percent for both conditions is denied.

The Board found that the Veteran's current bilateral hearing loss did not manifest during or within a year following service and is not otherwise related to in-service noise exposure, thus denying his claim for service connection.

The Board found that the Veteran's bilateral hearing loss did not manifest to a compensable degree within one year of separation from service and is not related to service. As such, the claim for service connection was denied.

Your claims for service connection for bilateral hearing loss and bilateral tinnitus are being remanded to the Department of Veterans Affairs Regional Office for further development.

The Board has granted service connection for left ear hearing loss due to aggravation during service. Service connection for Meniere's disease is denied.

The Veteran's death was not caused by his own willful misconduct, and at the time of his death he was in receipt of compensation for service-connected disability that did not meet the legal requirements for DIC under 38 U.S.C.A. § 1318.

The Veteran's bilateral hearing loss disability has been rated at 60 percent since November 16, 2011. The Board finds that the evidence does not support a higher rating for any period of time.

The Veteran's L4-S1 fusion surgery required six months of convalescence, but further doctor-mandated convalescence was not demonstrated and the surgery did not result in severe postoperative residuals or immobilization. The criteria for a temporary total disability rating beyond February 29, 2008 based on need for convalescence following surgical treatment were not met.

The Board found no evidence of hearing loss during service or within one year after separation, and the only competent medical opinion concluded that the Veteran's current hearing loss is not related to his period of service. The claim for service connection for hearing loss was denied.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records, including those from Houston and 'Conroe' VAMCs. The claim will be reconsidered based on the updated evidence.

The Veteran's tinea unguium of the toenails and right ear hearing loss have been granted with a 10 percent rating each. The effective date is March 8, 2006.

The appellant's service-connected disabilities, including postoperative gastrectomy and vagotomy for bleeding peptic ulcer, anxiety reaction, bilateral hearing loss, and tinnitus, preclude him from securing or following a substantially gainful occupation. The Board grants the claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for restoration of a 70% rating for his bilateral hearing loss disability is being remanded due to the need for additional development, including obtaining VA outpatient treatment records.

The Veteran's left ear hearing loss is found to be related to his military service, and the claim for TDIU is granted.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, and tinnitus, have rendered him unable to engage in substantially gainful employment prior to December 9, 2011.