Hearing loss decisions — 2014

The Board has remanded the case for additional development, including obtaining VA treatment records and any relevant FTCA lawsuit records. The Veteran's claims for service connection reopening, compensation under 38 U.S.C.A. § 1151 for tinnitus and hearing loss will be reconsidered.

The Veteran requested to withdraw his appeal regarding the issue of service connection for bilateral hearing loss, and as a result, the Board has dismissed this appeal.

The Veteran's bilateral hearing loss and torn left shoulder (left shoulder injury) were found to be present, but not service-connected.,New evidence was submitted that supports the presence of these conditions.

The Veteran's appeal is being remanded to obtain his service personnel records and for VA examinations to determine the etiology of his current left ear hearing loss, right knee disability, and hypertension. The appeal will be re-adjudicated after these actions.

The Board has determined that additional development is needed before the claims for service connection for bilateral hearing loss and tinnitus can be decided.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, with no indication of intercurrent causes. Service connection is granted for both conditions.

The Board finds that the Veteran's bilateral hearing loss and tinnitus are related to his service, with the benefit of doubt given in favor of the Veteran. However, there is no evidence linking peripheral artery disease to service or herbicide exposure.

The Veteran's claims for initial compensable ratings for bilateral hearing loss and increased ratings for PTSD were denied. The Veteran was found to have mild to moderately severe bilateral sensorineural hearing loss through 2000 Hz, with a current level I hearing in the right ear and level V in the left ear. For his PTSD, he had symptoms indicative of occupational and social impairment with reduced reliability and productivity due to flattened affect, depression, anxiety, and Global Assessment of Functioning score of 55.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his military service, including noise exposure. As a result, both conditions have been granted service connection.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that the current conditions are likely as not related to noise exposure during active duty.

The Board denied the Veteran's claims for service connection for vision disorder, hepatitis, heart disorder, acquired psychiatric disorder, bilateral hearing loss, and bilateral foot disorder. The evidence did not support a finding that these conditions were incurred or aggravated during active duty or any period of ACDUTRA or INACDUTRA.

The Board has determined that the veteran's bilateral hearing loss first occurred during his active duty for training and is related to noise exposure in service. As a result, service connection for this condition is granted.

The Board has determined that the Veteran's left ear hearing loss disability began during his second period of active service and is related to service. The issue of bilateral pes planus was not addressed in this decision as it pertains to a different time frame.

The Board has determined that the Veteran's right ear hearing loss is a result of in-service noise exposure and head injury, and service connection is granted.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus disabilities are not related to his service, including exposure to acoustic trauma. As a result, the claims for service connection have been denied.

The Board has remanded the Veteran's claims due to inadequate opinions regarding his left ear hearing loss, tinnitus, lumbar spine disorder, left knee disorder, and sleep apnea. The case is being returned for further development.

The Veteran's service-connected disabilities did not render him unemployable at the time of his death, and therefore, he was not entitled to a TDIU for accrued benefits purposes.

The Veteran's initial compensable rating for bilateral hearing loss from March 9, 2009 to September 26, 2013 is granted. From September 26, 2013 onwards, he does not meet the criteria for a higher evaluation.

The Veteran's Meniere's disease is found to be aggravated by his service-connected TBI. His hearing loss and tinnitus are currently rated at the minimum (10%) level.

The Veteran's appeal is being remanded for additional development, including a VA examination by an ENT to determine the etiology of his hearing loss disability and whether the proximate cause of his right ear hearing loss was due to carelessness, negligence, or lack of proper skill on the part of VA.