Hearing loss decisions — 2016

The Veteran's claim for an effective date earlier than February 4, 2012 for a 100% evaluation for anxiety disorder is denied as the earliest ascertainable date of increased symptomatology was within one year of her initial claim.,The Veteran's claims for service connection of bilateral hearing loss and tinnitus are denied as they were not received until after February 16, 2010, which is the earliest possible effective date based on the evidence of record.

The Veteran's claim for an increased rating for tinnitus has been denied as there is no legal basis to assign a higher evaluation. The Veteran is already receiving the maximum schedular rating for tinnitus.

The Board found no evidence of bilateral hearing loss or tinnitus in service, and the current conditions are not related to service. Therefore, the claims for service connection have been denied.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss and a back disability, finding that there was no evidence of in-service injury or disease related to these conditions.

The Board has granted service connection for the Veteran's bilateral hearing loss, finding that it is at least as likely as not related to his combat exposure during active duty in Vietnam.

The Veteran's bilateral hearing loss is rated as 20 percent disabling effective March 13, 2015. The Board found that the evidence supported this rating based on his audiometric test results.

The VA has conceded the Veteran's exposure to hazardous noise levels in service, but he does not currently have a hearing loss disability for VA purposes.

The Board has remanded the case for a new hearing before another Veterans Law Judge (VLJ) due to procedural issues.

The Veteran's service-connected disabilities have rendered him unemployable since October 19, 2010.

The Board has determined that the Veteran's tinnitus had its onset during a period of active service and is related to his military noise exposure. However, the Board found no evidence of hearing loss for VA purposes upon separation from service and denied service connection for bilateral hearing loss.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's lung cancer, presumed to be due to asbestos exposure during service, is granted for accrued benefits purposes.,The Veteran died of mesothelioma and lung cancer. The cause of death is considered service-connected.

The Veteran's claim for SMC benefits by reason of being housebound or needing regular aid and attendance was denied as he did not meet the legal criteria for either benefit.

The Veteran's claims are being remanded for additional development of his VA treatment records and any associated outpatient clinic records, as well as records from the NAMI-affiliated rehabilitation center. The case will be readjudicated after all new evidence is considered.

The Board has determined that the Veteran's bilateral hearing loss disability is not related to his military service and therefore denied his claim for service connection.

The Board has granted service connection for a loss of smell and assigned an initial rating of 20 percent effective from September 10, 2008. The Veteran's bilateral hearing loss is rated at 50% since October 3, 2011.

The Board has determined that a remand is necessary to obtain a supplemental opinion regarding the Veteran's claims for bilateral hearing loss disability and tinnitus, as the current medical opinions are inadequate.

The Board has determined that the Veteran's current bilateral hearing loss is not related to his military service and therefore denied his claim for service connection.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and his claim is granted.

The Veteran's claim for service connection for diabetes mellitus has been granted. The claims of service connection for a psychiatric disorder, bilateral hearing loss, tinnitus, and cardiac disorder have all been reopened due to the submission of new evidence.