Hearing loss decisions — 2013

The Veteran's bilateral hearing loss is currently manifested by no worse than Level III hearing acuity in both ears, and the criteria for a compensable rating have not been met.

The Board has determined that the Veteran's current left ear hearing loss is attributable to his military service, and granted service connection for this disability.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not etiologically related to his in-service noise exposure, as there is no documented in-service symptoms or findings. The examiner concluded it was less likely than not that these conditions were due to military noise exposure.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss or lung disorder (to include emphysema and COPD) that is related to his military service. The evidence fails to show that these conditions were present during service, did not develop as a result of any incident during service, and are not otherwise related to the Veteran's active duty.

The effective dates for the grants of service connection for tinea versicolor, bilateral hearing loss and tinnitus are April 15, 1997.,The effective date for TDIU is determined to be April 15, 1997 through September 29, 1997 and from May 1, 1998 forward. The Veteran's claim for an earlier effective date was not properly filed as a free-standing claim.,The effective dates for the grants of service connection for major depressive disorder and recurrent lumbar radiculopathy status post hemilaminectomy and discectomy are April 15, 1997.

The Board has determined that the Veteran's current bilateral hearing loss is as likely as not related to service, and thus grants service connection for this condition.

The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) are rated at 60 percent combined, but they do not meet the schedular requirements for a TDIU rating because his education and experience allow him to engage in substantially gainful employment.

The Board has determined that service connection is warranted for left ear hearing loss disability because the evidence demonstrates it originated during service. Right ear hearing loss disability was not incurred in or aggravated by active service.

The Veteran's service-connected bilateral hearing loss has been evaluated as noncompensable throughout the appeal period, with no evidence of a higher rating being warranted.

The Board has granted service connection for bilateral tinnitus, but the issue of service connection for bilateral hearing loss is remanded due to inadequate VA examination opinions.

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

The Board found that the Veteran does not have current hearing loss disability for VA compensation purposes, and his tinnitus is not etiologically related to service. The claims for shortness of breath and depression were also denied as there was no evidence of in-service asbestos exposure or psychiatric injury.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's bilateral hearing loss and tinnitus disabilities, as the September 2009 VA examiner did not consider the Veteran's statements regarding in-service noise exposure and the continuity of his symptoms.

The Board has remanded the case for additional development, including obtaining VA treatment records and requesting authorization to obtain non-VA clinical records. The TDIU issue is being referred to the Director of Compensation and Pension Service.

The Veteran's service-connected disabilities do not meet the basic eligibility requirements for specially adapted housing or a special home adaptation grant due to lack of loss of use of extremities or blindness.

The Board found that the Veteran's current hearing disability did not meet the criteria for service connection as there was no evidence of a hearing loss disability in service and the VA audiologist concluded that his hearing loss is not caused by or a result of military noise exposure.

The Veteran's service-connected bilateral hearing loss (rated as 80 percent disabling) and tinnitus (rated as 10 percent disabling), meet the percentage requirements for a TDIU, and the collective lay and medical evidence on the question of the nature and severity of his service-connected disabilities prevent him from obtaining and retaining substantially gainful employment.

The Board found that the Veteran's service-connected bilateral hearing loss did not warrant a compensable rating, as it was consistently rated at level I or II in both ears throughout the appeal period.

The Veteran's appeal is granted, and he is entitled to a noncompensable disability rating for bilateral hearing loss prior to April 8, 2008. For the period beginning on April 8, 2008, his service-connected bilateral hearing loss is rated as noncompensable.

The Veteran's service-connected disabilities, including bilateral high frequency hearing loss and chronic low back pain with degenerative joint disease, rendered him unable to secure or follow substantially gainful employment. The Board finds that he meets the percentage requirements for TDIU.