Hearing loss decisions — 2015

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's appeal is remanded for further examination and development of his hearing loss claim.

The Board has decided that additional development is needed to determine the Veteran's service connection claims, including obtaining records from military treatment facilities and clarifying her status as a dependent. The case will be returned for further action.

The Veteran's tinnitus had its onset during active military service and the Board found in favor of granting service connection for tinnitus. The case is being remanded to further clarify the nature and etiology of the Veteran's diagnosed bilateral hearing loss.

The Veteran's claims for increased ratings, initial compensable rating, and service connection were denied. The Board found that new and material evidence had not been submitted to reopen the hypertension and PTSD claims.

The Board has determined that the Veteran's bilateral sensorineural hearing loss and tinnitus are not related to service, and therefore denied his claims for service connection.

The Board has determined that the Veteran does not have a right ear hearing loss disability for VA purposes and therefore, service connection cannot be granted. The low back disability claim is remanded to provide an SOC.

The Board has determined that the Veteran does not have a current traumatic brain injury or residuals thereof, and thus service connection for this condition is denied. The issue of entitlement to an initial compensable evaluation for right ear hearing loss remains pending as the RO has issued a decision but has yet to provide a Statement of the Case (SOC). The claim for service connection for left ear hearing loss requires additional clarification from the VA examiner regarding the nature and etiology of the Veteran's current left ear hearing loss.

The Veteran's claim for bilateral hearing loss was denied as there is no evidence of current disability meeting VA standards.,Service connection granted for left ear hearing loss, with the condition etiologically related to an injury in service.,Service connection not established for a low back condition due to lack of chronic disability manifestation or evidence linking it to service.,Muscle contractions in the right hand were not shown to be related to service or service-connected conditions.,Muscle contractions in the left hand were also not shown to be related to service or service-connected conditions.,Service connection for an undiagnosed illness (including gastrointestinal disorder, bronchitis, and fatigue) was denied as there is no evidence of a qualifying chronic disability.

The Veteran's claims for service connection for various conditions are being remanded due to the need for additional development and examination.

The Veteran's claims for increased ratings and restoration of a rating were granted. The hearing loss disability remains noncompensably disabling, the hepatitis C is rated as noncompensably disabling with intermittent fatigue and arthralgia, and the degenerative spondylosis of L5 with spondylolisthesis of L5-S1 has been restored to 40 percent.

The Veteran's claims of entitlement to reopen his previously denied service connection claims have been granted. The issues are now on the merits.,Service connection for a sleep disorder, to include poor concentration and memory loss, is moot as the Veteran has since been awarded a 100 percent schedular rating for PTSD.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's right ear hearing loss claim is denied as he does not have a current disability for VA purposes.,Service connection for tinnitus has been granted based on credible lay testimony and the examiner's opinion that military service likely contributed to acoustic trauma.,The Veteran's left ear hearing loss claim remains denied as his disability level does not warrant a compensable rating.

The Veteran's appeal for a compensable disability rating for his service-connected bilateral hearing loss has been dismissed as the Veteran withdrew his appeal in January 2014.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claim of service connection for bilateral hearing loss. The Veteran currently experiences bilateral hearing loss, which is related to his in-service exposure to significant acoustic trauma during active service, including combat in the Republic of Vietnam.

The Veteran's audiometric examination corresponds to no more than a level XI for the left ear, and therefore, his claim for an increased rating in excess of 10 percent for left ear hearing loss is denied.

The Board has remanded the case for further development, including a VA examination to determine the etiology of any current vertigo and its relationship to service-connected hearing loss and tinnitus. Additionally, an audiological examination is needed to ascertain the current severity of the Veteran's bilateral hearing loss.

The Board found that the Veteran does not have a current disability of bilateral hearing loss for VA purposes and therefore denied his claim for service connection.

The Board has remanded the case due to the Veteran's request for a videoconference hearing. The case will be returned to the AOJ after the hearing is conducted.