Hearing loss decisions — 2015

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there is no probative evidence linking these conditions to his active military service.

The Board denied service connection for bilateral hearing loss and a low back disability, but granted service connection for tinnitus.

The Veteran's service-connected bilateral hearing loss has been rated at 10 percent since October 5, 2001. The VA audiologist found that the Veteran's hearing impairment does not warrant a higher rating.

The Veteran's claims for service connection for bilateral hearing loss and vertigo have been denied as there is no evidence of current disabilities or a link to his military service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for bilateral hearing loss disability. However, the claim is denied as there is no competent medical evidence showing a direct link between the Veteran's in-service noise exposure and his current hearing loss disability.

The Veteran's claims for higher ratings for his thoracolumbar spine and cervical spine disabilities, as well as his bilateral hearing loss and hiatal hernia disability are dismissed due to the Veteran's request to withdraw these issues.,The Veteran is granted entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities rendering him unable to secure or follow a substantially gainful occupation.

The Veteran's bilateral hearing loss and tinnitus were incurred in, or caused by, his military service.

The Veteran's claims for bilateral hearing loss and tinnitus are being remanded due to the need for additional development, including obtaining audiometric data from a private examination and scheduling a VA audiological examination.

The Veteran's tinnitus is presumed to have been incurred in service, and he is granted a compensable initial rating for his right elbow degenerative arthritis, fracture with scar and lateral epicondylitis. His claim for hearing loss remains pending.

The Veteran's service connected disabilities, including diabetic nephropathy, PTSD, bilateral hearing loss, diabetes mellitus type 2, tinnitus, gastroparesis, and erectile dysfunction, are rated at 90 percent combined. The Board finds that these conditions prevent the Veteran from securing or maintaining gainful employment.

The Board finds that the Veteran's left eye conjunctival cyst was incurred in service and has persisted since then, granting service connection for this condition. The issue of entitlement to service connection for bilateral hearing loss is also granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, clarifying disability benefits status, scheduling a VA examination, and providing an addendum to the April 2011 VA audio examination.

The Veteran's bilateral hearing loss has been rated as 0 percent since July 12, 2011. The RO increased the rating to 10 percent effective October 12, 2013. No higher ratings are warranted for any period.

The Board has determined that the Veteran's bilateral hearing loss does not warrant an evaluation in excess of 20 percent from October 24, 2011 to the present.

The Board found that the Veteran's tinnitus and bilateral hearing loss are related to in-service hazardous noise exposure, but there is uncertainty regarding whether puretone thresholds accurately reflect his current disability level. The decision on service connection for both conditions was granted based on direct evidence of a link between service and symptoms.

The Board has remanded the case to the AOJ for additional development on the merits of the appeal, including a review by an examiner who conducted the May 2012 audio examination and addressing inconsistencies in the examination report.

The Board has remanded the case for additional development, including obtaining relevant VA treatment records and scheduling a new VA audiology examination. The Veteran's claim will be reconsidered based on the newly obtained evidence.

The Veteran's combined service-connected disability rating is 60 percent, which meets the minimum schedular criteria for TDIU. The Board finds that he is unable to obtain and maintain substantially gainful employment due to his service-connected bilateral hearing loss disability and tinnitus.

The Board found no evidence of a chronic cervical spine disability, bilateral hearing loss, or tinnitus in service. The Veteran's current conditions are not presumed to have been incurred during service due to exposure to burn pits, Agent Orange, Camp Lejeune, radiation, Gulf War Syndrome, or other presumptive conditions. Service connection was denied as the evidence does not support a link between these conditions and service.

The Veteran's claim for a TDIU rating is being remanded due to the need for additional development, including scheduling of a VA examination and obtaining relevant medical records.