Hearing loss decisions — 2013

The Veteran's claim for increased ratings for bilateral hearing loss was denied as his conditions did not warrant a rating higher than the current assigned rating of 80 percent.

The Veteran's bilateral hearing loss and tinnitus are found to be related to service, while his chloracne is not considered due to Agent Orange exposure.

The Veteran's appeal is remanded for additional development, including a VA audiological and ENT examination to assess the severity of his bilateral hearing loss.

The Veteran's current bilateral hearing loss disability is not related to his military service and the Board finds that it was caused by post-service noise exposure.

The Board has determined that the Veteran's current bilateral hearing loss disability was not incurred in or related to service, as there is no evidence of a chronic condition during service and no showing of continuity of symptomatology after service. The August 2010 VA examination concluded that the Veteran's hearing loss was less likely than not related to service.

The Veteran's claim of entitlement to an initial compensable evaluation for bilateral hearing loss was granted, with a noncompensable rating effective from November 9, 2010.

The Board has determined that a compensable evaluation for the Veteran's bilateral hearing loss is warranted beginning February 2, 2012. The Veteran was previously granted service connection and assigned a noncompensable evaluation effective April 24, 2009.

The Veteran's bilateral hearing loss and tinnitus are being remanded for further examination as the current medical opinion is insufficient to adjudicate the claims.

The Board denied the Veteran's claims for service connection for left ear hearing loss and whether new and material evidence has been received to reopen a claim of entitlement to service connection for residuals of a right ankle injury. The decision is final as it was not appealed.

The Veteran's hearing loss disability has been rated as zero percent disabling throughout the appeal period. The VA examinations and testimony indicate that his hearing loss does not meet or approximate the criteria for a compensable rating.

The Board has granted service connection for bilateral pes planus. The Veteran's current bilateral hearing loss and depression are not related to his military service.

The Veteran's appeal has been dismissed due to his death. The claims for service connection for bilateral hearing loss and tinnitus are moot.

The Board found that the Veteran does not have current right ear hearing loss disability for VA compensation purposes and denied service connection for a bilateral hearing loss disability as his left ear hearing loss is not related to in-service noise exposure.

The Veteran's appeal is remanded for a new VA audiology examination to determine if his hearing loss is related to service, including consideration of the February 1956 diagnosis of otitis media due to barotrauma and his lay observations of hearing loss within a year of discharge.

The Board finds that the overpayment of VA disability compensation benefits was not properly created as it was solely due to VA administrative error. The Veteran's claim for waiver of the overpayment is granted.

The Veteran's bilateral hearing loss disability has been rated at 20 percent prior to February 20, 2013, and 40 percent thereafter. The claim is granted as of February 20, 2013.

The Board has determined that additional development is needed to determine the relationship between the Veteran's current bilateral hearing loss and his military service, including noise exposure in Vietnam. The case will be remanded for a VA examination and further review.

The Board has decided to remand the TDIU claim due to insufficient evidence and needs further examination of the Veteran's service-connected conditions.

The Veteran withdrew his appeal for an initial compensable rating for service-connected bilateral hearing loss before the Board could make a decision.

The Board has granted service connection for bilateral hearing loss and tinnitus, but denied service connection for low back disability. The decision is mixed as it grants some issues (bilateral hearing loss and tinnitus) and denies others (low back disability).