Hearing loss decisions — 2018

The Veteran is seeking effective dates earlier than June 15, 2015, for the grants of service connection for bilateral hearing loss, tinnitus, and psoriasis. The Board finds that there is no basis upon which to award effective dates earlier than the June 15, 2015, effective date already assigned.,The Veteran's claim of entitlement to an initial rating in excess of 10 percent for service-connected bilateral hearing loss was denied as there is no higher schedular disability rating available under Diagnostic Code 6260.

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

The Veteran's bilateral hearing loss disability is currently rated at 50 percent, and his benign prostatic hypertrophy disability is currently rated at 20 percent. The Board finds that neither condition warrants a higher rating during the appeal period.

The Board finds that the Veteran's current bilateral hearing loss and tinnitus are related to his in-service noise exposure, meeting the criteria for service connection.

The Veteran was granted service connection for diabetes mellitus, bilateral lower and upper extremity peripheral neuropathy, the cause of death (endstage Alzheimer's disease, stroke, and diabetes mellitus), and bilateral hearing loss due to in-service herbicide exposure.,Service connection is also granted for hypertension as secondary to diabetes mellitus.

The Board found that the Veteran does not have a current hearing loss disability in either ear, and thus cannot establish service connection for bilateral hearing loss disabilities.

The Board has remanded the claim for a higher initial rating for service-connected bilateral sensorineural hearing loss due to an incomplete VA audiology examination. The Veteran is required to provide additional evidence and undergo another VA audiology examination.

The Veteran's service-connected disabilities render him in need for regular aid and attendance of another person, warranting the grant of SMC based on this need.

The Board found that the Veteran's hearing loss improved, warranting a reduction from a 40 percent rating to a 20 percent rating effective February 1, 2017.

The Veteran's bilateral hearing loss and tinnitus were not incurred in or related to his active service.,The Veteran does not have a current diagnosis of tinnitus.

The Veteran's bilateral hearing loss disability is rated at 20 percent, which is the maximum schedular rating available.,The Veteran's skin condition has been evaluated as noncompensable since December 2014 and 30 percent from February 3, 2015. The VA examinations have not provided sufficient evidence to warrant a higher evaluation.,The Veteran's COPD is currently rated at 30 percent effective August 16, 2010. The VA examinations have not provided sufficient evidence to warrant a higher evaluation.

The Board found that reducing the Veteran's disability compensation benefits due to his incarceration for a felony was proper, as he has been incarcerated since December 2014 and VA reduced his rate of payment accordingly.

The Veteran's service-connected bilateral hearing loss was manifested by no more than Level II hearing acuity in the right ear and Level IV hearing acuity in the left ear, resulting in a noncompensable rating. The Board found that the evidence did not warrant a compensable initial rating.

The Veteran's tinnitus, hypertension, acquired psychiatric disorder, and sleep disorder are all found to be related to service. The lumbar degenerative joint disease, myofascial cervical syndrome, bilateral hearing loss, left ankle sprain with osteoarthritis and ligamentous instability, and right ankle sprain with osteoarthritis and ligamentous instability have been granted initial compensable ratings.

The Veteran's initial claim for a compensable disability rating for bilateral hearing loss has been denied as his hearing impairment does not meet the criteria for a compensable evaluation.

The Board found that the Veteran's left ear hearing loss and Meniere's disease are not related to his military service, as there was no evidence of such conditions during or within one year after discharge. The right ear hearing loss is currently manifested by a mild to moderate sensorineural hearing loss.

The Board found that the appellant's current hearing loss, prostate cancer, and non-Hodgkin's lymphoma are not related to his active service or exposure to ionizing radiation. The VA audiological examination revealed no causal relationship between the appellant's hearing loss and in-service noise exposure.

The Veteran's left ear hearing loss is currently rated as noncompensable, and the Board finds that he does not meet the criteria for a compensable rating at any point during the appeal period.

The Veteran's bilateral hearing loss disability is found to be incurred in active service, while his respiratory disability is not linked to asbestos exposure during service.

The Veteran's bilateral hearing loss was evaluated and found to be at Level I in both ears, resulting in a noncompensable rating. The criteria for a compensable rating have not been met.