Hearing loss decisions — 2015

The Board denied the appellant's claim for an earlier effective date for bilateral hearing loss service connection, finding that there was no pending claim of CUE at the time of her husband's death and thus she could not present such a claim in the context of accrued benefits or as a substitute claimant.

The Veteran's current bilateral hearing loss disability was not present in service or until many years thereafter and is not related to service. The Board finds that the Veteran's claim for service connection for bilateral hearing loss cannot be granted.

The Board has determined that the Veteran is entitled to an effective date of March 24, 1995 for the award of service connection for tinnitus and hearing loss. The claim was initially incomplete but completed within one year.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's bilateral hearing loss and tinnitus are related to service, including noise exposure. Therefore, service connection for these conditions is granted.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the numerical designation for a compensable rating for his bilateral hearing loss, and that an increased schedular rating is therefore not available. For tinnitus, the maximum schedular evaluation of 10 percent was assigned after the effective date of the June 2003 amendment to Diagnostic Code 6260. The Veteran's claim for service connection for teeth loss due to his service-connected tinnitus was denied as there was no competent evidence establishing a secondary relationship.

The Board has determined that the Veteran's bilateral hearing loss and chronic tinnitus are likely due to noise exposure during his period of active military service, and thus grants service connection for these conditions.

The Veteran's initial rating for right wrist fracture with tendonitis has been granted at 10 percent, but no higher.,The Veteran's initial rating for status post right tibia fracture has been granted at 30 percent. No higher rating is warranted as the combined ratings do not exceed the maximum allowable for disabilities below the knee.

The Board has decided to remand the Veteran's claim for a compensable rating for his service-connected bilateral hearing loss due to the need for additional development, including obtaining a VA audiology examination and any pertinent treatment records.

The rating reduction from 10 percent to zero percent (noncompensable) for service-connected bilateral hearing loss was proper as the evidence showed a sustained improvement in the Veteran's hearing acuity under ordinary conditions of life and work.

The Board has remanded the case due to insufficient rationale in the VA audiology evaluation of January 2011, and additional development is needed to determine if the Veteran's current hearing loss is related to service noise exposure.

The Veteran's current bilateral hearing loss disability was incurred as a result of injury during his ACDUTRA service, and the Board grants service connection for this condition.

The Veteran's appeal for a higher schedular evaluation for tinnitus and a compensable rating for bilateral hearing loss was denied. The Board found that the maximum schedular rating of 10 percent is appropriate for both conditions.

The Veteran's claims for higher ratings for tinnitus, bilateral hearing loss, hypertension, status-post discectomy and laminectomy with herniated nucleus pulposus at L4-5, and radiculopathy of the right lower extremity were denied as there is no legal basis upon which to award separate schedular ratings for each ear or a higher schedular rating for tinnitus.

The Board has reopened the claim of service connection for bilateral hearing loss and granted it, finding that the Veteran's account of having hearing loss since his military service is credible and resolving all doubts in favor of the Veteran.

The Veteran's bilateral hearing loss disability is found to be etiologically related to his active service, and the Board has determined that he is entitled to service connection for this condition.

The Veteran's appeal is being remanded due to the possibility that his service-connected bilateral hearing loss may have worsened since his last VA examination in April 2013. The case will be returned to the Board after a new rating decision is made based on the results of the requested audiometric evaluation.

The Board denied an extraschedular rating for bilateral hearing loss, finding that the Veteran's disability level was adequately addressed by the existing schedular criteria and did not meet the requirements for an extraschedular evaluation due to lack of frequent hospitalizations or marked interference in employment.

The Veteran's appeal for service connection and initial compensable rating for hearing loss in both ears was denied. The Board found no right ear hearing loss for VA purposes, and the left ear hearing loss did not warrant a compensable rating.

The Board has granted service connection for bilateral sensorineural hearing loss based on exposure to loud noise during service and the Veteran's continuous symptoms since separation.

The Board finds that the Veteran is not unemployable due to his service-connected disabilities and therefore, does not meet the criteria for a TDIU on an extraschedular basis.