Hearing loss Board decisions

The Board has determined that new and material evidence has been received to reopen the claim of service connection for an acquired psychiatric disorder. However, the Veteran's current acquired psychiatric disability was not incurred in-service and is not related to his active service. The Veteran's bilateral hearing loss and tinnitus were also not incurred in-service, are not related to his active service, and did not manifest within one year after separation from active service.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are related to his in-service noise exposure. Service connection was also granted for bruxism as secondary to PTSD, and for peripheral neuropathy of the BLE and BUE due to Agent Orange exposure.

The Board has determined that additional development is necessary before the claims for service connection for bilateral hearing loss and low back disability can be decided. The Veteran's audiometric findings are unclear, and a remand is needed to obtain clarification from Dr. Callahan regarding whether his audiograms were conducted using the Maryland CNC Test. Additionally, a VA examination is required to determine if the Veteran's current low back disability began in service or is otherwise related to a disease or injury in service.

The Board has determined that the Veteran's low back disability is related to service, and his bilateral hearing loss does not warrant a compensable rating.

The Board has determined that service connection is not warranted for bilateral hearing loss, tinnitus, or hypertension as these conditions are not related to the Veteran's military service.

The Veteran's bilateral hearing loss and hypertension have been granted service connection. The claims for a compensable evaluation for condyloma acuminate, service connection for dermatophytosis, and service connection for heart disability are denied.

The Veteran's left ear hearing loss was not incurred in or aggravated by service, and the Board finds that the preponderance of the evidence is against his claim for service connection.

The Board has denied service connection for right ear hearing loss and the lumbar spine condition. The Veteran's right ear hearing loss was not found to meet VA criteria for a disability, while his lumbar spine condition is denied as there is no evidence of in-service injury or aggravation.

The Board denied the Veteran's claims for an initial rating in excess of 20 percent for diabetes mellitus and a compensable rating for bilateral hearing loss.

The Board finds that the evidence is in equipoise as to whether the Veteran's tinnitus is due to acoustic trauma sustained during service. As such, the claim for service connection for tinnitus is granted.

The Veteran's tinnitus is found to be related to his service, but he does not have a current bilateral hearing loss disability that meets VA criteria for a disability.

The Board finds that the Veteran does not have a current disability of hearing loss for VA purposes, and therefore, his claim for service connection for bilateral hearing loss is denied.

The Board found that the RO did not address or apply the standard of clear and unmistakable error in its severance of the Veteran's service connection for hearing loss and tinnitus, thus finding the severance improper.

The Veteran's bilateral hearing loss and tinnitus are found to be related to his active duty service, with doubt resolved in favor of the Veteran.

The Veteran's claim for an earlier effective date for the grant of service connection for bilateral hearing loss is denied as his September 2007 VA Form 10-10EZ does not constitute a formal or informal claim for service connection.

The Veteran's appeal is being remanded for additional development, including verification of his military service and obtaining medical records. He also needs a VA examination to assess the severity of his bilateral hearing loss and right knee disorder.

The Board has remanded the case for further development and readjudication of the issues listed, including consideration of new evidence. The Veteran is also advised to submit a timely substantive appeal if he wishes to perfect his appeal on any of these issues.

The Board has determined that the Veteran's bilateral hearing loss was incurred in or aggravated by active duty military service, and thus granted service connection for this condition.

The Board denied the Veteran's claims for service connection for heart disorder, residuals of a stroke, skin disorder, bladder cancer, and back disorder due to lack of evidence linking these conditions to his military service.

The Board found that the Veteran's current bilateral hearing loss disability is not related to his military service, as there was no evidence of a threshold shift during service and the preponderance of the evidence does not support a nexus between the Veteran's military service and his current condition.