Hearing loss decisions — 2016

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and a VA examination to determine his eligibility for special monthly compensation based on aid and attendance.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining updated VA treatment records and a complete list of his post-service employment history.

The Veteran's claim for a TDIU prior to May 21, 2013 was granted due to his service-connected disabilities preventing him from securing and following substantially gainful employment. The hearing loss disability remains noncompensable.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, as well as Reserve service records. The Veteran's claims for bilateral hearing loss and tinnitus will be reconsidered based on the new evidence.

The evidence does not show that the Veteran's bilateral hearing loss or tinnitus is related to in-service loud noise exposure, and there is no continuity of symptoms since service. As such, the criteria for service connection are not met.

The Veteran's service-connected disabilities of bilateral hearing loss, left shoulder degenerative joint disease, tinnitus, and status post mandibular fracture are reasonably shown to be of such nature and severity as to prevent him from maintaining substantially gainful employment. Therefore, a TDIU rating is granted.

The Board has determined that the Veteran does not have a current right ear hearing loss disability, and therefore cannot grant service connection for this condition. The claims for left ear hearing loss and tinnitus are granted as there is at least an approximate balance of positive and negative evidence regarding these conditions.

The Veteran's service-connected bilateral hearing loss is currently rated at 10 percent, and the evidence does not support a higher rating.

The Veteran's claim for an increased rating for bilateral hearing loss was denied as his audiometric test results did not meet the criteria for a compensable rating under VA's rating schedule.

The Veteran's appeal is denied as his hearing acuity did not warrant a rating in excess of the initial 10 percent assigned for bilateral hearing loss.

The Veteran's bilateral hearing loss is currently manifested by pure tone threshold averages and speech recognition scores that correspond to no more than a level 'III' hearing on the right and level 'III' hearing on the left, warranting a 10 percent rating.

The Board has determined that the Veteran's current bilateral hearing loss disorder is not related to his military service, as there was no evidence of a hearing disability during or within one year after service. The VA examiner concluded that the current condition is less likely due to any in-service noise exposure.

The Veteran's appeal is being remanded for additional development to address discrepancies in his hearing loss evaluations and to determine the appropriate rating.

The Veteran's left ear hearing loss and tinnitus have been established as service-connected. However, his right ear hearing loss has not met the criteria for a compensable evaluation.

The Board found that the appellant was not permanently incapable of self-support prior to reaching the age of 18, and thus denied his claim for recognition as a helpless child.

The Board denied an increased rating for bilateral hearing loss, finding that the Veteran's current disability level did not warrant a higher schedular rating. The claim was also denied for extra-schedular consideration due to lack of marked interference with employment.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred or aggravated by active duty service, nor may their incurrence or aggravation be presumed. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Veteran's bilateral hearing loss and tinnitus are currently rated at the maximum available under VA regulations. The Board finds that these ratings adequately reflect the severity of his service-connected conditions.

The Veteran's bilateral hearing loss disability is found to be related to his period of active service, and the claim for service connection is granted.

The Board found that the Veteran's current bilateral hearing loss and tinnitus were not related to service, as there was no evidence of in-service noise exposure or significant threshold shifts. The claims for service connection are therefore denied.