Hearing loss decisions — 2014

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to in-service noise exposure, granting service connection for both conditions.

The Veteran's appeal for attorney fees was denied as the notice of disagreement regarding service connection for cirrhosis, hepatitis A, B, and C, and TDIU were not received prior to June 20, 2007. The appellant is therefore barred from charging the Veteran attorney fees with regard to these issues.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this claim as he is no longer alive.

The Veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied as the evidence did not show that his service-connected conditions had worsened since the last examination.

The Board found that the Veteran's current diagnoses of bilateral hearing loss and tinnitus did not meet the criteria for service connection as they were not shown to have been present during active duty or within one year post-service, nor could a nexus between service and these conditions be established.

The Veteran's appeal for service connection for bilateral hearing loss and a psychiatric disorder was denied. The Board found that the Veteran does not have current hearing loss of either ear as defined by VA regulations, and his diagnoses of bipolar disorder and adjustment disorder were deemed incorrect.

The Board has granted service connection for right ear hearing loss and tinnitus, but denied service connection for left ear hearing loss as there is no current disability meeting VA criteria.

The Board has remanded the case for additional development, including obtaining service personnel and medical records to determine if the Veteran's current hearing loss and bilateral knee disabilities are related to his military service.

The Board found that the Veteran's current hearing loss and tinnitus are less likely than not related to his military service, based on the absence of documented hearing loss in service and the presence of a threshold shift during separation. As such, the claims for service connection were denied.

The Veteran's appeal is being remanded to ensure substantial compliance with the Board's prior remand directives and to allow VA to fulfill its duty to assist in substantiating his claims. The case will be further developed for all issues, including obtaining clarification of audiometric testing results, providing an addendum opinion on tinnitus service connection, and completing any additional development necessary to adjudicate a claim for TDIU.

The Veteran's bilateral hearing loss has been rated at 10 percent since November 5, 2013. The Board found that the current rating adequately reflects the severity of his condition based on VA's rating schedule.

The Veteran's appeal is being remanded for additional development, including a new VA examination to determine the etiology of any current bilateral hearing loss disability.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus is granted.

The Veteran seeks service connection for bilateral hearing loss and tinnitus, which he contends are due to in-service noise exposure. The Board finds the Veteran's account of his exposure to noise from large guns and tanks during service is credible. Further development is needed to determine if these conditions are related to service.

The Board has granted the veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus, finding that there is equipoise in the evidence regarding the causal relationship between these conditions and his military service.

The Board found that the Veteran's hypertension was not caused by or related to service and denied his claim for service connection.

The Veteran's claims of service connection for bilateral hearing loss and a bilateral foot condition were denied. The claim for PTSD was granted with an initial rating of 10 percent, but the maximum available rating is not yet assigned.

The Board has granted service connection for PTSD with a 30% rating effective November 7, 2008. The Veteran's claims of service connection for bilateral hearing loss and tinnitus were also granted. However, the claim for a meniscal tear of the left knee was denied, as was the request for an earlier effective date for PTSD.

The Board has determined that the Veteran's low back disability is not service-connected due to a lack of evidence showing an in-service injury or disease. The claims for acquired psychiatric disability and bilateral hearing loss are remanded for further development.

The Board has determined that the Veteran's service-connected bilateral hearing loss warrants a 20 percent rating. The claim for increased tinnitus was withdrawn by the Veteran prior to decision. Service connection for low back disability, headaches, knee disabilities, hypertension, and shoulder disabilities have been established based on continuity of symptomatology since service.