Hearing loss decisions — 2014

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that new evidence supports a causal relationship to active duty. Service connection is now granted.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical opinions and treatment records. The appeal will be remanded to the AOJ for these actions.

The Veteran is service connected for multiple disabilities, including an acquired psychiatric disorder and cold injury residuals. The Board finds that these conditions render him unable to secure or follow substantially gainful employment due to his service-connected disabilities, thus granting a TDIU.

The appeal has been withdrawn by the appellant through his authorized representative.

The Board has determined that the Veteran's bilateral hearing loss does not warrant an evaluation in excess of 40 percent, as his current test results do not meet the criteria for such a rating. The Veteran's service-connected disabilities have resulted in unemployability due to his hearing impairment.

The Veteran's appeal is being remanded to schedule a new Videoconference hearing before a Veterans Law Judge due to his failure to report for the scheduled hearing and allegations of good cause.

The Veteran's service-connected lumbar spine disability is rated at 40% since November 15, 2012. The Board has jurisdiction to determine whether entitlement to a TDIU on an extraschedular basis is warranted due to the Veteran's service-connected lumbar spine disability.

The Board has determined that the Veteran's tinnitus is service-connected, and he was granted service connection for this condition. The decision on bilateral hearing loss remains pending as it was not addressed in the appeal.

The Board found that the Veteran's current bilateral hearing loss disability is not related to his service, as evidenced by normal hearing at service separation and late onset of symptoms. Therefore, service connection for this condition was denied.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to service, with the exception of his hearing loss which is not considered a disability for VA purposes due to its chronicity. Service connection is granted for tinnitus but denied for bilateral hearing loss.

The Board has restored the Veteran's 100% disability rating for bilateral hearing loss from May 1, 2012, finding that the evidence did not show an improvement in his condition at the time of the reduction.

The Board found that the appellant does not have bilateral hearing loss disability for VA purposes and denied service connection for this condition. The claim of entitlement to service connection for tinnitus was addressed in a separate issue.

The Board has determined that additional development is needed to clarify the authenticity of a January 2007 audio progress note and to obtain an updated medical opinion regarding the Veteran's hearing loss and tinnitus.

The Veteran's left ear hearing loss is rated at 10 percent, the maximum available rating under direct service connection. The right ear does not have a disability for VA purposes.

The Veteran's acquired psychiatric disorders including PTSD and depression are found to be at least in part caused or aggravated by events in service in Southwest Asia.,Left ear hearing loss is found to have preexisted periods of active duty but underwent an increase in level of disability during active service.

The Veteran's claim for higher ratings for his service-connected hearing loss was denied. The Board found that the evidence did not support a compensable rating prior to June 21, 2013, and a disability rating in excess of 10 percent since that date.

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected anxiety disorder did not cause or materially contribute to his death. The claims for DIC under 38 U.S.C.A. § 1318 and 38 U.S.C.A. § 1151 were also denied.

The Board has remanded the case for further development due to an inadequate addendum opinion regarding the etiology of the Veteran's bilateral hearing loss. The claim will be reconsidered after the additional development is completed.

The Veteran's appeal is being remanded to the RO for scheduling a video-conference hearing with a different Veterans Law Judge.

The Board has determined that the Veteran does not have hearing loss or tinnitus that is attributable to his military service. The VA examinations and other evidence do not support a finding of in-service noise exposure leading to current disabilities.