Hearing loss decisions — 2015

The Veteran's bilateral hearing loss is likely the result of his active service, and the Board has granted this claim. The issue of PTSD was denied due to insufficient evidence.

The Veteran's PTSD alone, combined with other service-connected disabilities rated at 60 percent or more, meets the criteria for a TDIU rating from July 30, 2010. The Veteran is also eligible for SMC under 38 U.S.C.A. § 1114(s) due to his PTSD alone.

The Veteran's tinnitus is established as service-connected due to exposure to acoustic trauma during service.,Right ear hearing loss is established as service-connected because it was aggravated by service from a pre-existing condition. The left ear hearing loss is also established as service-connected.

The Veteran's service-connected disabilities are found to be of such severity so as to preclude substantially gainful employment, warranting a TDIU.

The Veteran's representative withdrew the appeals regarding the issues of entitlement to increased initial ratings for acid reflux/gastroesophageal reflux disease with Barrett's esophagus, and left ear hearing loss.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's bilateral hearing loss is related to his military service. The claim will be returned for further development and consideration.

Service connection for restless leg syndrome has been established. The Veteran's right and left thigh disabilities are rated at 10 percent each, effective September 5, 2014.,The Veteran's right hand disability is rated at 20 percent.

The Board found that the Veteran did not timely file a notice of disagreement with the December 2007 rating decision, and thus, his claims for PTSD, tinnitus, and bilateral hearing loss were denied as to effective dates prior to April 28, 2009 (for PTSD and tinnitus) and April 29, 2009 (for bilateral hearing loss).

The Board has denied all claims for increased ratings, finding that the Veteran does not have current residuals of a ruptured left ear and that his service-connected disabilities do not warrant higher initial disability ratings.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board found that the Veteran's death was not caused by or substantially contributed to by a service-connected disability, and thus denied both the cause of death claim and the DIC under 38 U.S.C.A. § 1318 claim.

The Veteran's service-connected disabilities are not considered to have caused or contributed substantially to his death due to cardiopulmonary arrest. The Board finds that the evidence does not support a finding of clear and unmistakable error in prior decisions regarding his disability ratings, nor is there any basis for reopening claims based on new evidence.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, low back disorder, neck disorder, knee disorders, hip disorders, and hand disorders are all granted.

The Board has remanded the case due to incomplete service treatment records and requests for additional information. The Veteran's claim of reopening a hearing loss disability is pending.

The Board has reopened the Veteran's claims of service connection for bilateral hearing loss and left eye disability, as new and material evidence has been received. The Veteran's current hearing loss disability is found to be related to in-service noise exposure.

The Veteran's appeal for higher initial ratings for bilateral hearing loss prior to May 13, 2015 and since that date has been denied. The Veteran's claim for a compensable rating for his scar on the left thigh was also denied.

The Veteran's claim for an initial compensable rating prior to June 9, 2014, and in excess of 10 percent from June 9, 2014, for bilateral hearing loss was denied as the evidence did not show that he is entitled to such ratings based on the standard rating criteria.

The Board determined that the reduction of the rating for bilateral hearing loss from 70 percent to 30 percent effective July 1, 2010 was proper. The Veteran appealed this decision and the Court vacated it on the basis that the Board did not adequately discuss whether the improvement in hearing after May 2009 reflected an improvement in ability to function under ordinary conditions of life and work.

The Veteran's claim for service connection for bilateral hearing loss is denied, but his claim for tinnitus is granted.

The Board has determined that the Veteran meets the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing due to his service-connected disabilities, but he is not eligible for a special home adaptation grant as his claim is moot.