Hearing loss decisions — 2014

The Veteran's application for Service-Disabled Veterans Insurance (RH) was denied as it was not filed within the required two-year period from when he was notified of his service-connected disabilities.

The Board has denied the Veteran's claims of service connection for various conditions, including leukemic mononucleosis, lymphoma, deep white matter deviation to include memory loss, headaches other than sinusitis with headaches, bilateral hearing loss disability, bilateral inner ear nerve damage to include vertigo and loss of balance, right-sided tongue paralysis, right-sided vocal cord paralysis, residuals of strep throat with heart murmur, right-sided neck gland swelling with difficulty swallowing and a near-esophageal knot, right shoulder rotator cuff disability, bilateral hand nerve damage, brittle fingernails, heart palpitations, hypertension, bilateral leg disorder to include weakness, edema, vascular deterioration, and varicose veins, bilateral knee disorder to include cartilage deterioration, bone grinding, and fatigue, bilateral ankle disorder to include edema, bilateral foot nerve damage to include the balls of the feet and the toes, brittle toenails, residuals of pneumonia, and dry skin. The claims were denied as not being related to service or any other basis.

The Veteran's claims for service connection for bilateral hearing loss disability and tinnitus were denied in April 2005. The RO granted the claims on October 23, 2008, with an effective date of that day. The Veteran appealed this decision, but did not file a timely notice of disagreement or submit new evidence within one year. As such, the effective date cannot be earlier than October 23, 2008.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing at the RO. The appeal is currently pending and will be handled in an expeditious manner.

The Board found that the Veteran's left ear hearing loss disability is not related to service, and denied his claim for service connection. The right knee disability issue was remanded due to insufficient medical opinion regarding its onset and aggravation during service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for bilateral hearing loss, cervical spine disabilities, and lumbar spine disabilities. The claims are therefore denied.

The Board found no evidence of a nexus between the Veteran's current hearing loss and tinnitus, which are diagnosed conditions, and his service, including noise exposure. Therefore, service connection for these conditions was denied.

The Veteran's current tinnitus and bilateral hearing loss are found to be related to service, meeting the criteria for service connection.

The Veteran's appeal is being remanded due to the need for a Board hearing by live videoconference. The issues of service connection for pulmonary fibrosis, bilateral sensorineural hearing loss, and tinnitus are still under consideration.

The Veteran withdrew his appeal for all issues listed, including the claims for initial ratings and service connection.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and a spine disability due to lack of current disabilities as defined by VA regulations.

The Board found that the appellant does not have hearing loss that is related to his military service, specifically noting the lack of STRs and inability to determine if the current hearing loss is linked to his active duty for training period from October 1958 to March 1959.

The Board denied the Veteran's claims for service connection for right ear hearing loss and tinnitus, finding that they were not incurred during periods of active duty or active duty for training. The Veteran was on inactive duty for training (INACDUTRA) in the Army National Guard when he experienced these conditions.

The Board finds that the Veteran's bilateral hearing loss and tinnitus are secondary to his service-connected diabetes mellitus, thus granting service connection for these conditions.

The Board has determined that the evidence is at least in equipoise on whether the Veteran's current bilateral hearing loss is related to acoustic trauma during service. Therefore, service connection for bilateral hearing loss is granted.

The Board has determined that the Veteran's left ear hearing loss did not have its onset during service or within a year of separation, and is not related to an injury, disease, or event during service. Therefore, the claim for service connection for left ear hearing loss is denied.

The Veteran withdrew her appeal in August 2014 for all issues listed.

The Veteran's appeal is being remanded for scheduling a travel board hearing before the RO, either in person or via video conference. The initial compensable rating and TDIU claims are also pending.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his military noise exposure during active duty.