Hearing loss decisions — 2014

The Veteran's appeal for restoration of a 20 percent rating for bilateral hearing loss is dismissed as the claim has been granted. The claim for a 10 percent disability rating for multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 is denied.

The VA determined that the Veteran's current bilateral hearing loss is not related to his military service and denied his claim.

The Veteran's PTSD is rated at 70 percent, effective prior to August 8, 2011. He also meets the criteria for TDIU due to his service-connected disabilities.

The Board denied an earlier effective date for the tinnitus and bilateral hearing loss ratings, but granted a 40 percent disability rating for bilateral hearing loss with an effective date of September 23, 2002.

The Veteran's bilateral hearing loss has been manifested by no worse than Level III hearing loss in both ears, resulting in a noncompensable disability rating.

The Veteran's service-connected disabilities are found to preclude him from securing or following a substantially gainful occupation, and the Board grants entitlement to TDIU.

The Board found that the Veteran's right ear hearing loss did not meet the criteria for disability as per VA regulations and denied his claim of service connection.

The Veteran's service-connected disabilities, while impairing his ability to work, do not render him unemployable as a whole. The combined rating of 70% does not meet the threshold requirement for TDIU under section 4.16(a).

The Board has determined that service connection is warranted for tinnitus, but not for bilateral hearing loss.

The Veteran's claims for service connection for bilateral hearing loss, right ankle disability, and left ankle disability have been denied as there is no competent evidence showing a current disability related to service. The Veteran's claim for an initial compensable evaluation for inguinal hernia has also been denied.

The Board has withdrawn the Veteran's appeal for service connection of a low back disability. The claims for increased ratings for left shoulder DJD are denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and providing the Veteran with a VA examination to determine the etiology of his hearing loss disability, tinnitus, and low back disability. The claim will be readjudicated after this development.

The Veteran's throat cancer was not incurred during active service and is not etiologically related to military service. His hearing loss did not clearly and unmistakably pre-exist service, but the examiner opined that it is less likely than not (less than 50% probability) that his hearing loss was incurred or aggravated as a result of active service.

The Veteran's bilateral hearing loss disability has been rated as noncompensable since the initial grant of service connection in September 2008. The most recent audiometric evaluations have shown consistent findings with Level I hearing loss in both ears, which do not meet the criteria for a compensable evaluation.

The Board finds that the Veteran's current bilateral hearing loss disability and tinnitus are related to his in-service acoustic trauma, and grants service connection for these conditions.

The Board has determined that the Veteran's tinnitus, bilateral hearing loss, and degenerative joint disease (low back pain) are all service-connected. The decision is based on direct evidence of a link between each condition and service.

The Veteran's claims for bilateral hearing loss, tinnitus, depression, and asbestosis were denied because there is no current evidence of these conditions. The Board found that the Veteran did not have a diagnosed condition at any time during his appeal period.

The Veteran's claim for increased ratings for bilateral hearing loss, tinnitus, vertigo, and perforation of the tympanic membrane of the left ear was denied as there is no legal basis for a schedular disability rating in excess of 10 percent for his tinnitus.

The Board has determined that the Veteran's bilateral hearing loss is related to his in-service noise exposure, and thus service connection for this condition is granted.

The Board has denied the Veteran's claims for increased ratings for tinnitus, malaria, and bilateral hearing loss. The Veteran is not entitled to a higher rating for his service-connected tinnitus due to the maximum schedular rating already assigned. His claim for malaria was also denied as there are no residuals of the disease. For his bilateral hearing loss, the Board has not yet reviewed this issue on appeal.