Hearing loss decisions — 2014

The Board denied all the issues on appeal, including entitlement to increased ratings for various service-connected disabilities and an earlier effective date for service connection of a depressive disorder.

The Board has remanded the case due to the need for additional development, including securing updated VA audiological evaluation records and arranging for an audiometric examination. The Veteran's disagreement with the September 2012 rating decision regarding lumbar myositis service connection is also addressed.

The Veteran's claims for service connection for hearing loss and tinnitus have been granted. The Board found that the Veteran reported symptoms of tinnitus during his active duty, which was conceded by VA. Hearing loss was not shown to be present at this time.

The Board has determined that the Veteran's current hearing loss and tinnitus are not related to his military service, and thus denied both claims.

The Veteran's PTSD has been granted with a 30 percent initial rating, effective February 8, 2010. The primary basis for this decision is the occupational and social impairment caused by symptoms such as flattened affect, circumstantial speech, difficulty understanding complex commands, and memory impairment.

The Veteran's PTSD is rated at 70 percent, effective February 16, 2010. The Board also granted a TDIU based on the service-connected disabilities.

The Board denied an earlier effective date for the award of service connection for bilateral hearing loss, finding that no legal merit existed to support such a claim.

The Veteran's claim for an initial evaluation in excess of 30 percent for bilateral hearing loss was denied as the evidence did not show a worsening of his service-connected disability.

The Veteran's appeal was not timely filed, and his claims for service connection were denied as new and material evidence was not received to reopen the previously denied claims.

The Board found no evidence of a current bilateral hearing loss disability in service or within one year post-service, and the Veteran's claim for service connection is denied as there was insufficient evidence to establish continuity of symptomatology.

The Board denied the Veteran's claims of service connection for bilateral hearing loss and tinnitus, finding that new evidence did not raise a reasonable possibility of substantiating the claims. The Veteran's hearing loss was not shown to be incurred in or aggravated by his military service, and there is no medical evidence linking his current tinnitus to service.

The Veteran's claim for an increased rating for bilateral hearing loss was denied, and his claim seeking service connection for dizziness is pending.

The Board has granted service connection for tinnitus, finding that the Veteran's current condition is related to his active military service. The issues of bilateral hearing loss and ear disorder other than hearing loss and tinnitus (claimed as otitis media) are addressed in the REMAND portion of this decision.

The Board has reopened the Veteran's claim of service connection for a low back disability and granted it. The claim for bilateral hearing loss was denied as there is no evidence of current hearing loss disability for VA purposes.

The Veteran's service-connected hearing loss does not meet the criteria for special monthly compensation based on housebound status as he has only one service-connected disability rated at 80 percent, which is less than 100 percent.

The case is being remanded for further development to ensure compliance with the Board's previous directives and to provide a VA examination.

The Veteran's claims for increased ratings for bilateral hearing loss and TMJ dysfunction were denied. The Board found that the current evaluations of 10 percent are appropriate based on the evidence, including VA examinations conducted in February 2007, March 2009, December 2012, and private audiometric evaluation in April 2007.

The Board has remanded the case for further development, including obtaining records from the Marine Reserve and a VA audiology examination to determine if the Veteran's hearing loss is related to service.

The Veteran's bilateral hearing loss is rated at 10 percent prior to February 10, 2012 and increased to 20 percent thereafter. The issues of service connection for a bilateral eye disorder, headache disorder, acquired psychiatric disorder, hypertension, and heart disorder were all granted.

The Board denied the Veteran's claims for service connection for left ear hearing loss and an initial compensable rating for right ear hearing loss, finding that there was no evidence of in-service noise exposure or a significant shift in hearing during service. The Veteran's current hearing loss is not considered to be related to his military service.