Hearing loss decisions — 2015

The Board has remanded the case for further procedural action regarding whether new and material evidence has been received to reopen service connection for a left knee disorder. The initial rating for bilateral hearing loss is also being remanded due to incomplete VA treatment records.

The Board has determined that the Veteran's service-connected bilateral hearing loss disability did not meet the criteria for a compensable rating during the period on appeal.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated during service.,An organic disease of the nervous system was not shown within one year following service.

The Veteran's bilateral hearing loss was rated as noncompensable prior to May 13, 2009. As of that date, a compensable rating (10%) has been assigned.,For the TBI with residuals of vertigo issue, an initial 10% rating was granted effective October 27, 2010.

The Veteran's left ear hearing loss is currently rated as noncompensable. The Board finds that the evidence does not support a compensable evaluation for his service-connected left ear hearing loss.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for temporomandibular joint dysfunction prior to October 22, 2014 or since then, and denied service connection for bilateral hearing loss, left knee disorder, and high cholesterol.

The Veteran's bilateral hearing loss was not incurred in or aggravated by service and sensorineural hearing loss may not be presumed to have been. The Board finds that the preponderance of the evidence is against the Veteran's claim for service connection for bilateral hearing loss.

The Board has determined that the Veteran's currently diagnosed bilateral hearing loss and tinnitus did not become manifest or develop during service, within one year of discharge from service, or are otherwise related to his military service.

The Veteran's bilateral hearing loss is as likely as not related to his active military service, and the Board grants service connection for this condition.

The Veteran's service-connected neurological disabilities render him unable to secure and follow a substantially gainful occupation, thus meeting the criteria for a TDIU.

The Board has granted service connection for ischemic heart disease as due to herbicide exposure, but denied service connection for bilateral hearing loss.

The Veteran's claim for service connection for arthritis of both feet was denied. The Board found no evidence of a current disability in either foot and concluded that the Veteran did not have a chronic disease during service or post-service continuity of symptomatology.

The Board has granted service connection for right ear hearing loss and found that the Veteran's current right ear hearing loss is related to in-service acoustic trauma. The claim for a compensable rating for left ear hearing loss remains pending.

The Veteran's claim for service connection for peripheral vestibular disorder (claimed as acute labyrinthitis) was granted with an effective date of June 20, 2012.

The Board has determined that the Veteran's hearing loss and tinnitus were not incurred during service, as there is no evidence of a current disability meeting VA criteria for hearing loss or tinnitus. The examiner opined that any hearing loss and tinnitus are less likely due to military noise exposure.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the evidence is at least in equipoise that these conditions are causally related to service.,Regarding the psychiatric disorder claim, the Veteran's entitlement remains on appeal as it was not addressed by the RO.

The Veteran's service-connected disabilities, including pes planus with degenerative joint disease, bilateral hearing loss, thoracolumbar spine degenerative joint disease, bilateral knee and ankle degenerative joint disease, meet the criteria for a TDIU as they result in his inability to secure or follow substantially gainful employment.

The Board granted service connection and increased ratings for the veteran's lumbosacral strain, degenerative disc disease of L4-S1 with radiculopathy, and residuals of a fractured left fibula. The hearing loss disability was not rated as compensable under either pre-amendment or post-amendment regulations.

The Veteran's service-connected dry eye syndrome has been granted and assigned a 10 percent disability rating prior to December 10, 2008. The claim for an increased initial disability rating remains in appellate status.

The Board has determined that the Veteran's right ear hearing loss is related to his service, including noise exposure during military service.