Hearing loss decisions — 2015

The Board has determined that service connection for tinnitus is granted, but the claims for bilateral hearing loss and vertigo are being remanded due to incomplete records.

The Board has reopened the claims for PTSD, hypertension, and right shoulder disability. The Veteran's current conditions are presumed to be related to service due to their onset within one year of discharge.

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's left ear hearing loss and right ankle condition, as well as to clarify his current psychiatric diagnoses. The claims for service connection on these issues are being remanded.

The Veteran's claims for higher ratings for tinnitus, service connection for cellulitis of the knees, and bilateral hearing loss were denied. The Veteran withdrew his claim for cellulitis of the knees during a hearing before the Board.

The Board found that the Veteran's current bilateral hearing loss disability was not incurred in or aggravated by service, and denied his claim for service connection.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been granted. The Board found that the evidence was in equipoise, allowing for a grant of service connection.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, loss of vision, stomach disorder, deviated nasal septum, left and right pes planus, respiratory disorder to include asthma, and left ankle disability. The decision is based on a finding that these conditions are not attributable to service.

The Veteran's bilateral hearing loss is currently evaluated as noncompensable under the provisions of Diagnostic Code 6100. The VA examinations and private audiometric evaluations have consistently shown mild to severe sensorineural hearing loss in both ears, but no evidence supports an increase in disability rating.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that the Veteran's conditions originated during his active military service.

The Veteran's bilateral hearing loss disability is found to be etiologically related to acoustic trauma sustained in active service. The skin disability, including actinic keratosis and squamous cell carcinoma of the skin, is not considered likely due to herbicide exposure during service.

The Veteran's hearing loss disability has been rated as 0 percent since November 13, 2006. The current level of hearing acuity does not warrant a higher rating.

The Board has remanded the case for further development and consideration of the issues on appeal, including obtaining updated medical records, scheduling VA examinations, and readjudicating the claims.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds no basis to grant a higher rating.,Prior to May 27, 2015, the Veteran's hypertension was rated at 10 percent. From May 27, 2015, forward, it has been rated at 20 percent. The evidence does not support a higher rating for either period.,The Veteran's status-post discectomy and laminectomy with herniated nucleus pulposus at L4-5 was initially rated as 10 percent prior to May 27, 2015, and has been increased to 40 percent from that date. The radiculopathy of the right lower extremity was initially rated as 10 percent prior to May 27, 2015, and has been increased to 20 percent from that date. The radiculopathy of the left lower extremity was granted a separate 20 percent rating effective May 27, 2015.,The Veteran's radiculopathies are rated under Diagnostic Codes 8520 and have been increased to reflect their severity based on the degree of impairment they cause. The Board finds no basis for granting higher ratings in either case.

The Board has granted service connection for tinnitus, but the issues of PTSD and hearing loss remain on appeal.

The Veteran's bilateral hearing loss disability is found to be due to injury incurred during active service, and the appeal for this issue is granted.

The Board found that the Veteran's acquired psychiatric disability, including PTSD and depression/anxiety, manifested by cold sweats, had its onset in service. The bilateral foot disability (pes planus and plantar fasciitis) was not incurred or aggravated by active service. The bilateral knee disability was not incurred in service, nor is it due to a service-connected disability. The hearing loss disability of either ear was not incurred in service. Tinnitus is presumed to have been incurred in service.

The Board denied service connection for bilateral hearing loss, tinnitus, squamous cell cancer, and hiatal hernia. The Veteran's claims were not supported by evidence showing a current disability in accordance with VA regulations or linking the disabilities to his military service.

The Veteran's appeal is being remanded for additional development, including clarification from the New Sound Hearing Aid Center regarding the use of the Maryland CNC test in their July 2013 audiometric testing and an addendum opinion from the most recent VA examiner to explain the difference in results between the February 2012 and September 2015 VA examinations and the May 2011 and July 2013 private examinations.

The Board has found that the Veteran's fungal infection of ten toenails and right thumb is related to his service, specifically his time in Vietnam where he experienced wet conditions. As a result, the claim for this condition is granted.

The Board has determined that the appellant's claims for service connection for bilateral hearing loss, right shoulder disorder, cervical spine (neck) disorder, headaches, and lumbar spine (low back) disorder have been withdrawn. The claim for a low back disorder was denied as there is no evidence of arthritis manifest to 10% within one year of separation from active duty.