Hearing loss decisions — 2014

The Board found that the Veteran's hearing impairment did not meet the criteria for hearing loss disability for VA compensation purposes and denied his claim for service connection.

The Veteran's claims for service connection for various conditions, including a bullet lodged in the buttocks, leg pain due to a bullet lodged in the buttocks, gunshot wounds of the right thigh and leg, scarring of the right hip and thigh, residuals of a low back injury, bilateral hearing loss, and tinnitus have all been denied. The evidence does not show any such conditions were present during service or are otherwise related to his military service.

The Board has granted service connection for a left ear hearing loss disability, but the issues of entitlement to service connection for right ear hearing loss and skin condition are remanded due to insufficient evidence.

The Veteran's upper extremity scars are rated as noncompensable throughout the period of the claim.,The Veteran's right and left upper extremity status post ulnar transplant disabilities have been rated as 10 percent each, which is the maximum rating available under Diagnostic Code 8516.

The Veteran's appeal is being remanded due to the need for a personal hearing via videoconference.

The Board denied the Veteran's claims for an earlier effective date for service connection and accrued benefits, finding that no claim had been submitted prior to September 21, 2009. The Veteran died before any appeal of his March 2010 denial of hearing loss could be completed.

The Veteran's hearing loss has been rated as noncompensable prior to November 5, 2008 and at a 10 percent rating from that date until January 9, 2012. Since then, the Veteran is not entitled to any higher ratings.

The Veteran's bilateral hearing loss has not approximated the criteria for a schedular rating in excess of 70 percent at any time during this appeal.

The Veteran's bilateral hearing loss disability is currently rated as noncompensable, and his dysthymia with comorbid PTSD symptoms are currently rated at 30 percent. The appeal for higher evaluations has been denied.

The Veteran's appeal for a compensable rating for hearing loss has been dismissed due to the death of the appellant.

The Board found that the Veteran's bilateral hearing loss is related to his combat service and granted service connection for this condition.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his service, as there is no evidence of in-service noise exposure or a current disability. The claim for service connection for tinnitus is being REMANDED.

The Veteran's claim for service connection for bilateral hearing loss is denied as there was no evidence of a current disability. The claims for increased ratings for right and left knee DJD, tendonitis of the thumbs, and residuals of left eye trauma are also denied.

The Board found that the Veteran's bilateral hearing loss was not incurred in service, manifest within one year of separation from service, or related to any incident of service, including noise exposure. Therefore, service connection for bilateral hearing loss is denied.

The Board has determined that the Veteran's service connection claims for left and right ear hearing loss disabilities are granted as they are found to be related to noise exposure during military service.

The reduction in rating for bilateral hearing loss from 40 percent to 10 percent, effective March 1, 2013, and then to 20 percent, effective November 26, 2013, was proper based on the evidence of record.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the presence and etiology of tinnitus, and consideration of extraschedular ratings for bilateral hearing loss.

The Board has granted service connection for PTSD and denied the remaining issues of service connection. The Veteran is now service connected for a mood disorder, but not for chloracne, psoriasis, IBS, hearing loss, tinnitus, fibromyalgia, or residuals of frostbite.

The Board has remanded the case for further development, including obtaining a medical opinion regarding the Veteran's hearing loss and tinnitus, as well as verifying herbicide exposure in Korea. The appeal is being returned to the AOJ for compliance with these directives.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, a right knee disability, a skin disease (to include angioedema and dermatitis), and a headache disability were denied. The claim for an initial rating higher than 30 percent for PTSD was also denied.