Hearing loss decisions — 2016

The Board has determined that the Veteran's current bilateral hearing loss did not manifest during service or within one year after discharge, and there is no evidence of continuity of symptomatology. The VA examiner concluded that the Veteran's hearing loss is less likely related to his military noise exposure.

The Board found that the Veteran's pre-existing bilateral hearing loss did not increase in severity during service and denied his claim for service connection.

Throughout the rating period on appeal, the Veteran's service-connected bilateral hearing loss was manifested by no worse than level IV hearing impairment in both ears. The criteria for an evaluation in excess of 20 percent for bilateral hearing loss are not met.

The Board found that the Veteran's hearing loss did not manifest in service or within one year thereafter and is not otherwise causally related to his military service.

The Board has granted a 10 percent rating for bilateral hearing loss from December 28, 2009 to July 22, 2014. From July 22, 2014 to February 2, 2015, the Veteran's hearing loss was rated at 20 percent. Since February 2, 2015, his hearing loss has been rated at 30 percent.

The Board has remanded the case due to incomplete action and needs to readjudicate the claims based on all available evidence.

The Veteran's hearing impairment has been rated as noncompensable throughout the appeal period. The VA audiological examinations have consistently shown that his bilateral hearing loss does not meet or approximate the criteria for a compensable rating.

The Board is remanding the case for further development, including scheduling a VA examination to determine if the Veteran's service-connected bilateral hearing loss causes or aggravates his chronic headache disability. The claim of entitlement to an initial compensable rating for bilateral hearing loss on an extraschedular basis will be referred to the Director, Compensation Service, for extraschedular consideration. Additionally, the case will be remanded to issue a Statement of the Case (SOC) on the claim of entitlement to an initial rating greater than 10 percent for degenerative joint disease of the thoracolumbar spine.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied. The Board found that the evidence did not show worse than level II hearing in either ear, resulting in a noncompensable rating. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for an acquired psychiatric disorder is addressed in the REMAND portion of the decision.

The Veteran's bilateral hearing loss has been evaluated as noncompensable under the rating schedule. The Board finds that his disability does not meet or approximate criteria for a compensable evaluation.

The Veteran's claim for a compensable evaluation for bilateral hearing loss was denied as his hearing acuity did not meet the criteria for a compensable rating.

The Veteran's claim for an increased rating for his bilateral hearing loss is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's chronic headaches are rated at 30 percent, effective from the date of claim. The Board denied service connection for residuals of TBI and bilateral hearing loss, tinnitus, vertigo, and depression.

The Veteran's initial noncompensable (zero percent) rating for bilateral hearing loss has been granted.

The Board has granted service connection for bilateral hearing loss and increased the rating for anxiety disorder with PTSD to 70 percent. The Veteran's claims for other conditions remain pending.

The Veteran's claim for an increased evaluation for his service-connected bilateral hearing loss is being remanded due to the need for a new VA examination and consideration of recent treatment records.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran experienced continuous symptoms of bilateral hearing loss and tinnitus since his active service. Therefore, service connection for these conditions is granted.

The Veteran's PTSD is found to be related to his in-service stressor, and he is granted service connection for this condition. The issues of bilateral hearing loss and tinnitus are remanded due to the need for additional development.

The Board has reopened the Veteran's claim for service connection for bilateral hearing loss and finds that a current disability is present, in-service acoustic trauma occurred, and there is no evidence of pre-existing hearing loss. The Veteran's competent testimony regarding his in-service injury and ongoing symptoms supports a finding of a nexus between his current condition and service.

The Board has determined that the Veteran does not have a current disability for service connection purposes due to his bilateral hearing loss, as there is no evidence of a hearing loss disability during service or within one year after separation. The Veteran's service treatment records do not show any complaints or findings of hearing loss until 1973, which was well after separation from active duty.,The Board has determined that the Veteran does have a current disability for service connection purposes due to his bladder cancer, as he served in Vietnam and is presumed exposed to Agent Orange. The February 2016 private medical opinion supports this finding.