Hearing loss decisions — 2017

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no current hearing loss disability recognized by VA standards.

The Veteran's bilateral hearing loss is rated at 20 percent since February 17, 2011. The claim for a higher rating is denied.

The Board has granted a 30 percent rating for the Veteran's bilateral hearing loss disability effective from August 27, 2015. The previous ratings were denied.

The Board has granted service connection for tinnitus, finding that it is a symptom of the Veteran's service-connected right ear hearing loss. The left ear hearing loss and lichen planus chronicus claims are remanded for additional development.

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

The Board found that the Veteran's preexisting left ear hearing loss did not worsen during service and was not aggravated by in-service noise exposure. As a result, the claim for service connection for left ear hearing loss is denied.

The Board has found that the Veteran's current tinnitus is related to his in-service noise exposure, and thus service connection for tinnitus is granted. The issue of bilateral hearing loss remains pending as it was not addressed by the RO.

The Board denied the Veteran's claims for a compensable evaluation for his bilateral hearing loss disability and for effective dates for the grants of service connection for bilateral hearing loss and tinnitus. The criteria for these conditions were not met under VA rating criteria, and there was no exceptional pattern of hearing loss or other related factors.

The Board has decided to remand the case for further development, including a new VA examination and clarification of the September 2014 private audiogram results in light of VA standards which require Maryland CNC testing.

The Board has granted reconsideration of the previously denied claim for service connection for bilateral hearing loss, finding that new evidence received since the November 2004 denial includes relevant official service department records not previously considered.

The Veteran's claim for service connection for pes planus (flat feet) was denied as there is no current diagnosis of the condition during the pendency of his appeal. The Board found that the recent VA radiology report did not support a current diagnosis of flat feet.

The Veteran's service-connected disabilities were of sufficient severity to preclude him from obtaining and maintaining substantially gainful employment from September 4, 2012, to May 27, 2014.

The Board found that the Veteran's current left ear hearing loss and tinnitus are not service-connected due to lack of in-service onset or continuity of symptoms since service.

The Board has remanded the claims due to a lack of clarity in the etiology of the Veteran's bilateral hearing loss and tinnitus. The case is now pending for further adjudication.

The Board is remanding the case to provide another opportunity for a VA examination and to ensure that all necessary development has been completed.

The Board has determined that the Veteran does not have a current diagnosis of right ear hearing loss for VA purposes, and thus service connection cannot be granted.

The Board has determined that the Veteran's bilateral hearing loss is due to in-service noise exposure and grants service connection for this condition.

The Board finds that H.C. was not permanently incapable of self-support by reason of mental or physical defect before the date of attaining the age of 18 years, and therefore does not meet the criteria for recognition as a 'helpless child'.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he is currently employed full-time and does not have one disability rated at least 60% or a combined rating of at least 70%. The Board finds that his employment does not preclude him from securing or following a substantially gainful occupation.

The Veteran's combined disability rating of 70 percent, including his service-connected diabetes mellitus and diabetic retinopathy, met the schedular criteria for a TDIU effective February 11, 2004. The issue is now moot as of April 20, 2016 when the Veteran's combined disability rating reached 100 percent.