Hearing loss decisions — 2014

The Board found that the Veteran's left ear hearing loss did not have onset during active service, was not caused by his active service, and did not manifest within one year of separation from active service. Therefore, the claim for service connection for left ear hearing loss is denied.

The Veteran's claim for service connection for residuals of perforation of tympanic membrane, to include hearing loss, and tinnitus was denied as there is no current evidence of a disability. The Board found that the Veteran did not have a residual of perforation of tympanic membrane or hearing loss for VA purposes at any time either in service or at present.

The Veteran's bilateral hearing loss disability is found to be service-connected, as it was caused by noise exposure during active duty. The right shoulder and left pneumothorax disabilities are also found to be service-connected.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional medical records. The case will be returned to the Board after these steps are completed.

The Board has granted an extension of the temporary total disability rating for left shoulder surgery from April 13, 2011 to July 1, 2011. The Veteran's post-operative residuals did not meet or more nearly approximate severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, application of a body cast, the necessity for house confinement, or the continued use of a wheelchair or crutches (regular weight-bearing prohibited).

The Veteran's shell fragment wound scar, claimed as a shell fragment wound, right lower extremity is related to his active military service. The appeal for an initial compensable rating for left ear hearing loss was withdrawn by the Veteran during the May 2012 Board hearing.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are service-connected, as they began during his active duty in Vietnam.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a review of his claims file to ensure all relevant evidence has been considered.

The Board found that the Veteran's current bilateral hearing loss and tinnitus were not incurred in or aggravated by service, as there was no evidence of such conditions during service. The VA examiners concluded that the current hearing loss and tinnitus are more likely due to occupational and recreational noise exposure, and possibly sinus surgery.

The Board has determined that the Veteran does not have a current diagnosis of left ear hearing loss, bilateral arch and foot disability, or bilateral wrist disabilities. Therefore, service connection for these conditions is denied.

The Veteran's current tinnitus and bilateral hearing loss are found to be related to service, meeting the criteria for service connection.

The Board has decided to remand the case for further development, including obtaining medical records and providing a supplemental clinical opinion regarding the Veteran's hearing loss disability.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not have their onset during service or are otherwise related to his military service. The claim for type II diabetes mellitus is denied as there is no evidence of its manifestation within one year post-service, nor a continuity of symptoms since then.

The Board has determined that the Veteran does not have current residuals of a left hamstring injury, and therefore service connection for this condition is denied. The right ankle and foot disorder is found to be as likely as not related to military service.

The Board has reopened the previously denied claims for service connection for a right ear hearing loss disability and tinnitus, finding that new and material evidence has been received. The Veteran's current right ear hearing loss disability is found to be related to his military service.

The Veteran's service connection claims for bilateral hearing loss and tinnitus are granted. The Board found that the Veteran had some degree of hearing loss during his active service, which is now established as a current disability for VA purposes. Additionally, there is credible evidence linking the Veteran's current hearing loss to his in-service acoustic trauma. For tinnitus, the Veteran's consistent report of ringing in his ears since service was considered sufficient evidence.

The Board has determined that a new examination is needed to properly adjudicate the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to insufficient evidence in the current record.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are not related to his military service, as there is no evidence of in-service injury or disease. The pre-existing conditions were not aggravated by service.

The Board has determined that the Veteran's claims of service connection for Parkinson's disease, right hip disability, right shoulder disability, low back disability (including scoliosis and associated numbness), and bilateral hearing loss have been denied as there is no credible evidence to support his assertions regarding in-service events or injuries. The Veteran's current conditions are not shown to be related to his active service.

The Board has decided to remand the case for additional development, including obtaining separation examination reports and VA treatment records. A new VA examination will also be scheduled.