Hearing loss decisions — 2016

The Board has determined that further development is needed before the claims for service connection for bilateral hearing loss and tinnitus can be decided.

The Veteran's service-connected disabilities, including sinusitis with allergic rhinitis and conjunctivitis, headaches, bilateral epiphora due to allergic rhinitis and conjunctivitis, tinnitus, a tonsil disorder, and hearing loss, render him unable to obtain or maintain substantially gainful employment.

The Board found that the Veteran's current bilateral sensorineural hearing loss did not meet the criteria for service connection as it was not shown to be related to military noise exposure during active duty.

The Veteran's claims for service connection for hearing loss and heart disorder were denied. The Board found no evidence of a worsening of his pre-existing left ear hearing loss during active duty, and the right ear hearing loss was not shown to have begun in service. Service connection for coronary artery disease could not be established as it did not begin until many years after service. The Veteran's exposure to herbicides is considered presumptive.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the claims of service connection for bilateral hearing loss and hepatitis C.

The Board has remanded the case for further evidentiary development and scheduling of a hearing. The Veteran's claims for PTSD, bilateral hearing loss, and tinnitus are pending.

The Board has determined that the Veteran's right ear hearing loss is related to his service and granted service connection for this condition.

The Board has determined that the Veteran's left knee osteoarthritis status post total knee arthroplasty is proximately due to or aggravated by his service-connected right knee degenerative arthritis. The rating for the right knee disability remains at 30 percent prior to October 30, 2012, and a separate 10 percent rating has been granted for instability of the right knee since that date.

The Board has determined that the Veteran does not meet VA criteria for hearing loss disability in either ear and his tinnitus is not causally related to active service. Therefore, service connection for bilateral hearing loss and tinnitus have been denied.

The case is REMANDED for the following actions: (1) Adjudicate the issues of entitlement to an effective date prior to March 19, 2003, for the grant of entitlement to service connection for tinnitus and entitlement to service connection for bilateral hearing loss; if the benefits sought cannot be granted, issue a statement of the case in accordance with applicable law and regulations. (2) Obtain VA treatment records from September 2014 to the present. (3) Schedule the Veteran for a VA examination to assess the nature and severity of his service connected residuals from a lumbar spine herniated disc with degenerative arthritis. The examiner should determine whether it is at least as likely as not that the Veteran has a neurologic disability impacting either of his lower extremities that is the result of his service connected back disability. (4) Then readjudicate the appeal.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed conditions, including whether they are related to military service.

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

The Board has determined that the Veteran's right ear hearing loss is as likely as not due to service, and therefore grants service connection for this condition.

The Veteran's bilateral hearing loss disability was rated at 40 percent prior to March 11, 2013 based on the findings from the July 2011 VA audiological examination.

The Veteran's appeal is being remanded due to the need for a new VA examination regarding his bilateral hearing loss and potential service connection for diabetes mellitus type 2. The case will be returned to the Board after further development.

The Veteran's service-connected bilateral hearing loss and tinnitus have rendered him unemployable, meeting the criteria for a TDIU.

The Veteran's bilateral sensorineural hearing loss is service-connected and the Board finds that it is at least as likely as not related to in-service acoustic trauma. The other issues on appeal are either withdrawn or denied.

The Veteran's claims for service connection are granted, with diabetes mellitus type II being presumed due to herbicide exposure and bilateral hearing loss and tinnitus established as a result of in-service acoustic trauma.

The Veteran's current bilateral sensorineural hearing loss was not incurred in service and may not be presumed to have been incurred therein.

The Veteran's service-connected disabilities, including PTSD and tinnitus, are being reviewed to determine if they prevent him from obtaining or maintaining substantially gainful employment.