Hearing loss decisions — 2017

The Veteran is awarded SMC-O based on the need for two separate SMC-L awards due to loss of use of both feet and need for regular aid and attendance.

The Veteran's sole service-connected disability is bilateral hearing loss, which has been rated at 40 percent since February 9, 2012. The VA and private medical opinions indicate that the Veteran's hearing loss does not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's TDIU claim was denied as his failure to complete the VA Form 21-8940 made it impossible for the Board to determine if he is unemployable due to service-connected disabilities.

The Board has determined that the Veteran's right ear hearing loss is not related to his period of active service, including acoustic trauma and in-service exposure to radiation. As a result, the claim for service connection for right ear hearing loss is denied.

The Board found that the Veteran's bilateral hearing loss, at worst, resulted in level II hearing in both ears. This does not meet the criteria for a compensable rating under VA's rating schedule.

The Veteran's appeal is being remanded for additional development, including a VA audiological examination and the provision of outstanding VA treatment records. The issues on appeal are entitlement to a compensable rating for bilateral hearing loss and entitlement to TDIU.

The Board denied the Veteran's appeals regarding the reopening of his service connection claims for cervical spine, left toe, right toe, bilateral hearing loss, and left elbow disabilities. The Board also did not find new and material evidence to reopen the claim for a left thigh disability. Effective dates were not assigned due to lack of credible lay or medical evidence.

The Veteran's service-connected recurrent tinnitus is assigned a 10 percent evaluation, the maximum schedular rating authorized under Diagnostic Code 6260. There is no legal basis for the assignment of a higher evaluation.

The Veteran's service-connected bilateral hearing loss has not resulted in a compensable disability rating for the entire initial rating period from September 8, 2008.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are related to in-service acoustic trauma, granting service connection for these conditions.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Board has determined that the Veteran's current bilateral hearing loss disability is not related to service, including noise exposure, and therefore denied his claim for service connection.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining updated VA treatment records and scheduling appropriate examinations.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent effective August 4, 2016. The Board grants this rating and also finds that the Veteran meets criteria for a TDIU due to his service-connected disabilities.

The Veteran's bilateral hearing loss is manifested by audiometric test results corresponding to a number designation of, at most, Level I for his left ear and Level III for his right ear. The criteria for a disability rating in excess of 10 percent for bilateral hearing loss have not been met.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss and tinnitus, finding new and material evidence. The Board also granted service connection for both conditions based on in-service noise exposure and continuity of symptomatology.

The Veteran's appeal is being remanded due to the addition of new evidence since the last Supplemental Statement of the Case. The issues on appeal include service connection for hearing loss, tinnitus, and a neurological disorder of the left upper extremity, as well as an increased rating for hypertension.

The Veteran's service-connected disabilities do not result in the need for regular aid and attendance of another person.

The Veteran's bilateral hearing loss is service-connected. The claims for hepatitis C, bilateral foot disabilities, and head injury residuals are being remanded for further development.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are as likely as not due to noise exposure during his period of active service, including both in-service and post-service periods. As such, the Veteran is granted service connection for these conditions.