Hearing loss decisions — 2016

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment for which his education and occupational experience would otherwise qualify him.

The Board denied the Veteran's claims of service connection for bilateral hearing loss and respiratory disability, finding that there was no evidence linking these conditions to his in-service noise exposure or radiation exposure. The VA examinations did not find a current diagnosis of either condition.

The Veteran's PTSD is currently rated at 70 percent disabling, reflecting total occupational and social impairment due to symptoms such as gross impairment in thought processes or communication; persistent delusions or hallucinations; gross inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation or hometown.

The Board has remanded the case for scheduling a hearing and providing a statement of the case regarding the issue of service connection for diabetes mellitus, as due to herbicide exposure.

The Veteran's back disability, bilateral hearing loss, tinnitus, diabetes mellitus, type II, peripheral neuropathy of the upper and lower extremities, and acquired psychiatric disorder (PTSD) are all found to be related to service.,Service connection is granted for these conditions.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to his active duty service. The remaining issues of entitlement to service connection have been referred back to the AOJ for further development.

The Board has granted service connection for bilateral hearing loss and tinnitus. The Veteran's vertigo is being remanded as the VA examination was not provided.

The Board denied the Veteran's claims for service connection for left ear hearing loss and tinnitus, finding that there was no evidence of a disease or injury incurred in or aggravated by service. The VA examiner concluded that it is less likely than not that the Veteran's current hearing loss and tinnitus are related to his active service.

The Veteran's claim for an increased initial rating of ischemic heart disease in excess of 30 percent prior to February 22, 2013 was denied. The Board found that the evidence did not meet the criteria for a higher rating during this period.

The Veteran's claims for service connection for bilateral hearing loss, obstructive sleep apnea, and a peripheral nerve disorder of the bilateral lower extremities have been denied. The Board finds that there is no current diagnosis of bilateral hearing loss for VA purposes.

The Board finds that the evidence is in equipoise as to whether the Veteran's bilateral hearing loss is related to active service, and grants service connection for this condition.

The Board has remanded the case for additional development due to incomplete records and further medical opinions regarding the Veteran's claimed conditions.

The Veteran's bilateral hearing loss has been rated based on the severity of his impairment, with no changes in ratings since December 2010. The claim for TDIU prior to July 11, 2013 is granted.

The Veteran has been granted service connection for bilateral hearing loss and tinnitus based on continuous post-service symptoms of these conditions, which are presumed to have developed due to in-service acoustic trauma.,Service connection is established for bilateral hearing loss and tinnitus under the provisions of 38 C.F.R. § 3.303(b) as a result of exposure to loud noise during service.

The Veteran's tinnitus began in service and has continued since, meeting the criteria for service connection.

The Board has determined that the Veteran does not have a current diagnosis of right ear hearing loss or tinnitus for VA purposes and thus service connection is denied.

The Veteran's initial claim for an increased disability evaluation for bilateral hearing loss was denied as his service-connected hearing loss did not meet the criteria for a compensable rating.

The Veteran's bilateral hearing loss was previously rated at 90 percent, effective May 1, 2014. The rating has been reduced to 70 percent since June 1, 2015. The RO's reduction from 90 percent to 50 percent and then back to 70 percent is void ab initio due to procedural errors in the application of regulations.

The Veteran's service-connected disabilities, with consideration of his level of education and previous work experience, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for higher evaluations and service connection were denied. The maximum schedular rating of 20 percent was upheld for the left ankle disability, as there is no evidence of ankylosis or other manifestations warranting a higher evaluation.