Hearing loss decisions — 2017

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a skin disability. The Veteran's right ear hearing loss is found to be related to service, while his left ear hearing loss does not meet VA criteria for a disability. Service connection is granted for bilateral plantar fasciitis but denied for fallen arches or other bilateral foot disabilities.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not manifest during or as a result of his military service, and thus denied both claims.

The Veteran's claim for a higher rating for his lumbar sacral strain with levoscoliosis was denied as the evidence did not show that forward flexion of the thoracolumbar spine was limited to 60 degrees or less, or that there were combined range of motion limitations of 120 degrees or less. The Veteran's hearing loss disability claim was also denied as there is no evidence of a current bilateral hearing loss disability for VA compensation purposes.,The Veteran's lumbar sacral strain with levoscoliosis does not meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's hearing loss disability claim was denied as there is no evidence of a current bilateral hearing loss disability.

The Veteran's bilateral hearing loss was evaluated as 10 percent disabling since December 5, 2014. The claim for a higher evaluation prior to that date remains denied.

The Veteran's appeal was denied for the issues related to his bilateral hearing loss and PTSD prior to July 28, 2011. The appeals were not granted as he did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has determined that the Veteran does not have a hearing loss disability of the left ear as defined by VA regulations and therefore, service connection for this condition is denied.

The Board has granted service connection for right ear hearing loss and has determined that the Veteran's cervical spine, lumbar spine, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, and right lower extremity radiculopathy disabilities have been rated based on their current manifestations. The Board also granted a TDIU.

The Veteran's service-connected bilateral hearing loss has been rated as noncompensable throughout the appeal period, with no worse than Level I hearing acuity in both ears.

The Board has reopened the claim for service connection for bilateral hearing loss disability and granted it, finding that there is at least equipoise evidence to support a finding of in-service noise exposure and current hearing loss.

The Board has granted service connection for left ear hearing loss and tinnitus, finding that the Veteran's lay statements of in-service noise exposure are credible. The heart disorder claim is remanded as new VA examination and opinion are needed to determine if it was incurred during service or due to Agent Orange exposure.

The Board has remanded the claims for further development and evaluation, including obtaining additional medical opinions regarding the Veteran's tinnitus, bilateral hearing loss, COPD, and depression.

The Board has granted service connection for tinnitus and right ear hearing loss, finding that the Veteran's current conditions are related to his in-service noise exposure. The appeal concerning an increased rating for right ankle degenerative joint disease was withdrawn by the Veteran.

The Board finds that the Veteran's bilateral hearing loss and tinnitus are not related to his service, including in-service noise exposure. The preponderance of evidence is against finding a nexus between these conditions and service.

The Board has determined that a remand is necessary to address the Veteran's claims for an initial compensable evaluation for bilateral hearing loss and service connection for a lumbar spine disease with disc protrusion and herniated disc. The Veteran will be afforded VA examinations to evaluate his current severity of bilateral hearing loss and to determine the nature and etiology of any lumbar spine disorder.

The Veteran's claims for higher ratings for peripheral neuropathy of the lower extremities and hearing loss have been denied. The Veteran's upper and lower extremity conditions are rated as mild to moderate incomplete paralysis, while his bilateral hearing loss is not compensable.

The Board has remanded the case for further development due to an inadequate medical opinion and incomplete consideration of the Veteran's lay statements regarding in-service noise exposure.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to VA treatment in 1999 was denied, and his TDIU claim is also denied.

The Board denied the Veteran's claims for service connection for angioneurotic edema, bilateral hearing loss, a low back disability, right lower extremity sciatica, left lower extremity sciatica, and sinusitis. The reasons provided were that there was no evidence of these conditions in service or for many years thereafter, and they are not related to service.

The Veteran's bilateral hearing loss was incurred in service due to noise exposure during his military service, and the Board finds that he is entitled to service connection for this condition.