Hearing loss decisions — 2017

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied in the May 2009 rating decision. The Board has reopened these claims based on new evidence, but has determined that there is no current diagnosis of hearing loss or nexus between hearing loss and military service. As a result, the claims are denied.

The Board has reopened the Veteran's claims of service connection for bilateral hearing loss and tinnitus, finding new and material evidence. The Veteran's tinnitus is presumed to have been incurred in service due to noise exposure during active duty.

The Veteran's hearing loss disability was found to not warrant a higher rating prior to July 20, 2016 and not exceed 30 percent after that date.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his military service, and thus denied both claims.

The Board has determined that the Veteran's current bilateral sensorineural hearing loss is at least as likely as not incurred during his active service, and grants entitlement to service connection for this condition on a direct basis.

The Veteran's request for a Board hearing was missed due to lack of notification. The case is being remanded to schedule the Veteran for a videoconference hearing.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are at least as likely as not related to service, including exposure to noise during his military service. As such, the claims for service connection have been granted.

The Board has decided to remand the case for further development due to incomplete records and need for an opinion regarding the etiology of the Veteran's bilateral hearing loss.

The Board denied all claims, including those for an initial evaluation in excess of 30 percent for bilateral hearing loss and service connection for hypertension, rheumatoid arthritis, and organic diseases of the nervous system (other than already service-connected tinnitus and sensorineural hearing loss). The Veteran's claim for a total disability rating based on individual unemployability due to a service-connected disability was also denied. No effective date earlier than May 29, 2013 for SMC benefits is granted.

The Board finds the Veteran's account of experiencing in-service acoustic trauma and auditory symptomatology to be credible, and concludes that there is a reasonable doubt regarding whether current bilateral hearing loss is related to service. As such, the claim for service connection for bilateral hearing loss is granted.

The Veteran's initial compensable evaluation for bilateral hearing loss is granted at a rating of 10 percent.

The Board denied the Veteran's claims for earlier effective date and service connection, finding that he did not have a current hearing loss disability of either ear. The claim for bilateral hearing loss was also denied as there is no evidence showing it was incurred in or aggravated by his active duty.

The Board found no clear and unmistakable error in the September 2004 rating decisions denying service connection for bilateral hearing loss and tinnitus.

The Board has determined that the Veteran's current left ear hearing loss is the result of military service, with noise exposure during his active duty. The evidence shows a diagnosis of bilateral hearing loss in service and continuity of symptomatology since service to the present.

The case is being remanded for the VA to secure a March 2007 audiological assessment and review the claim on appeal.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his service-connected bilateral hearing loss.

The Veteran's hearing impairment has not been shown to be worse than Level V in the right ear and Level III in the left ear prior to December 2014, and no worse than Level IV in either ear after December 2014. Therefore, the criteria for an initial compensable rating have not been met.

The Veteran's bilateral hearing loss disability is found to be etiologically related to his active service, and the Board grants service connection for this condition.

The Veteran's hearing impairment is no worse than Level V in the right ear and Level I in the left ear, resulting in a non-compensable rating. The claim for an extra-schedular rating for bilateral hearing loss disability is referred to the Under Secretary for Benefits or the Director of Compensation Service.

The Veteran's bilateral hearing loss disability was rated at 20 percent since June 18, 2012. The Board finds that the evidence does not support a higher rating during this period.