Hearing loss decisions — 2013

The Veteran's hearing loss disability, which was rated as left ear hearing loss with a 10 percent rating prior to April 19, 2012, and currently rated as bilateral hearing loss with an 80 percent rating since April 19, 2012, has been granted.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess PTSD severity, and addressing the Veteran's claim of hearing loss. The appeal is not yet decided.

The Veteran's hearing loss disability has been evaluated as noncompensable throughout the appeal period. The Board finds that a compensable rating is not warranted.

The Board has determined that the Veteran's bilateral sensorineural hearing loss and tinnitus are related to service, with noise exposure during active duty in Vietnam. The claims for service connection are granted.

The Veteran's service-connected tinnitus is currently rated at a maximum of 10 percent, which is the highest schedular rating available. The Board finds that an increased evaluation for tinnitus is not warranted as there are no provisions in the applicable rating criteria to assign a higher evaluation.

The Board has determined that additional examination and opinions are needed to resolve the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to incomplete medical records and lack of clear opinion regarding the etiology of these conditions.

The Veteran's claims of service connection for bilateral hearing loss and an acquired psychiatric disorder, to include depression, are being remanded due to inadequate examination reports. The examiner is asked to consider the Veteran's military occupational specialty, his history of in-service noise exposure, and lay statements when determining whether any current disabilities are related to his military service.

The Board has determined that the Veteran's right ear hearing loss is likely caused by his active duty service. The issue of left ear hearing loss remains pending and will be addressed in a separate decision.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no evidence to support a nexus between these conditions and his military service.

The Veteran's claim for increased ratings and extra-schedular consideration for his left ear hearing loss disability was denied as the evidence did not warrant a higher rating under the applicable schedular criteria.

The Board found no current hearing loss disability under 38 C.F.R. § 3.385, thus denying service connection for bilateral hearing loss. For tinnitus, the Veteran's lay statements were sufficient to establish a current disability and his in-service noise exposure was considered, leading to a finding of service connection.

The Veteran's claims for increased ratings for hepatitis C and bilateral hearing loss are being remanded to obtain additional evidence, including SSA records and VA examination results.

The Veteran currently suffers from bilateral hearing loss, which the Board finds is related to his period of military service and grants service connection for this condition.

The Veteran's appeal is being remanded to the RO for a video conference hearing. The issues include service connection for hemorrhoids, initial disability rating for bilateral hearing loss, and increased ratings for PTSD.

The Board has determined that there is no evidence of a bilateral hearing loss disability during service or within one year after separation, and the Veteran's current hearing loss does not meet VA criteria for a disability. Therefore, service connection for a bilateral hearing loss disability is denied.

The Board found that the Veteran's left ear hearing loss did not have onset in service or within one year of service and was not caused by his active military service. The VA examiner noted normal hearing at separation from service, and there is no evidence of post-service treatment for sensorineural hearing loss until approximately five years after discharge. For the shoulder condition, there is no competent medical evidence of a current left shoulder disability.

The Veteran's service-connected disabilities do not render him unemployable, and thus his claim for TDIU is denied.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current condition is at least as likely as not caused by noise exposure during his active duty. The claim for PTSD and major depressive disorder was denied due to lack of verified stressor.

The Veteran's bilateral hearing loss was found to be at least as severe as a 10 percent evaluation, which has been granted since August 1, 2008.

The Board denied the Veteran's claims for service connection for right and left ear hearing loss, finding no current disability. The claim for substance abuse disability was also denied.