Hearing loss decisions — 2015

The Board has remanded the case for further development due to the need for additional VA clinical records and SSA records.

The Veteran's claim for an initial increased rating for his bilateral hearing loss disability has been granted, with a rating of 40 percent effective December 17, 2014. The appeal is now closed as the full benefit sought was granted.

The Veteran's bilateral hearing loss disability is rated at 40 percent, the highest available rating under VA regulations. The claim for an increased evaluation for PTSD prior to May 17, 2014 was denied.

The Board has determined that the Veteran's PTSD, bilateral hearing loss, and bilateral polyneuropathy of the upper and lower extremities are related to his service in Vietnam. The claims for these conditions have been granted.

The Veteran's bilateral hearing loss and tinnitus are found to be etiologically related to his active duty service, with the Board giving him the benefit of the doubt. The claims for migraines and dizziness as secondary to a pre-existing condition are denied.

The Veteran's claims for service connection for right ear hearing loss and an acquired psychiatric condition other than Major Depressive Disorder (MDD) have been denied as there is no current evidence of these conditions during the appeal period.

The Board found that the July 2009 rating decision did not contain clear and unmistakable error, as the correct facts were known at the time and the RO applied the relevant laws correctly.

The Veteran's tinnitus was found to be caused by noise exposure during service, and the Board granted service connection for this condition. The issues of bilateral hearing loss and left lower extremity disability are addressed in the REMAND portion of the decision.

The Veteran's appeal for an increased evaluation for bilateral hearing loss has been withdrawn. The Board dismissed the issue as it was not properly before them due to withdrawal.

The Veteran's service-connected bilateral hearing loss and tinnitus are of sufficient severity to render him unable to secure or follow a substantially gainful occupation commensurate with his level of education and previous work experience.

The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) are found to preclude him from securing and following a substantially gainful occupation, thus meeting the criteria for a TDIU rating.

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to his in-service noise exposure and therefore, service connection for this condition cannot be established.

The Board has determined that the Veteran's bilateral hearing loss was not incurred or aggravated by active service, and therefore denied his claim for service connection.

The Veteran's bilateral hearing loss is currently rated at 30 percent, the maximum schedular rating available under VA guidelines. The Board finds no evidence of worsening or additional symptoms that would warrant a higher evaluation.

The Veteran's bilateral hearing loss disability was rated as noncompensable (zero percent) since its effective date of service connection, June 17, 2008. The medical evidence did not show that the condition warranted a higher rating prior to April 20, 2015.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are etiologically related to service, granting his claims for these conditions.

The Veteran's hearing loss is related to active service and the Board grants service connection for this condition.

The Veteran's initial rating for bilateral hearing loss was granted at a noncompensable level, and later increased to 10 percent effective June 10, 2015. The current rating of 10 percent is maintained.

The Veteran's bilateral hearing loss is related to the acoustic trauma experienced during his military service.,The Veteran's tinnitus is etiologically related to his bilateral hearing loss.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to service, resolving all reasonable doubt in favor of the Veteran.