Hearing loss Board decisions

The Board denied higher initial ratings for the Veteran's lumbar spine and right knee disabilities, but awarded separate 10 percent ratings for mild incomplete paralysis of the left and right sciatic nerve associated with the lumbar spine disability.

The Board has remanded the case for additional development, including obtaining addendum opinions regarding the Veteran's asthma and hearing loss claims.

The Veteran's service-connected disabilities do not preclude him from engaging in or maintaining substantially gainful employment.

The Veteran's claim for an earlier effective date for the assignment of a 70 percent evaluation for PTSD is denied as it was not factually ascertainable that his PTSD had increased to warrant such rating prior to June 27, 2014.

The Veteran's claim for a higher rating for bilateral hearing loss is being remanded due to the need for a DRO hearing.

The Veteran withdrew his entire appeal prior to a decision being made by the Board.

The Board has determined that the Veteran's skin conditions, right testicle disorder, and acquired psychiatric disorder are not related to his active duty service. The Veteran's bilateral lower extremity radiculopathy is also not shown to be related to service or a service-connected disability. Service connection for hearing loss was denied due to lack of evidence meeting criteria under 38 C.F.R. § 3.385.

The Veteran's TDIU claim is being remanded for additional development, including a VA examination to assess the impact of his service-connected disabilities on his ability to work. The case will be readjudicated based on all evidence.

The Veteran's lumbosacral strain disability has been rated as 10 percent disabling throughout the appeal period.,The Veteran's bilateral hearing loss disability does not meet the criteria for a compensable rating.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are related to his active service, including exposure to acoustic trauma during his military service in Vietnam.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for bilateral hearing loss disability, thus denying the reopening of the claim.

The Veteran's PTSD is found to be related to his service, and the claim for service connection is granted. The issues of entitlement to a compensable evaluation for bilateral hearing loss disability, service connection for skin cancer due to herbicide exposure, and hypertension due to herbicide exposure are remanded for further development.

The Board denied the Veteran's petitions to reopen his claims for service connection for bilateral hearing loss disability and tinnitus, finding that no new and material evidence had been received.

The Board has determined that the Veteran's bilateral hearing loss disability and tinnitus are related to in-service acoustic trauma, resolving reasonable doubt in favor of the Veteran.

The Board denied the Veteran's claims for service connection for bruxism, increased ratings for heart disease and bilateral hearing loss, and PTSD. The decision found that bruxism is not a compensable disability, while the heart condition was rated at 30 percent, which is consistent with the current level of impairment. Bilateral hearing loss did not meet criteria for higher ratings under VA rating schedules.

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

The Veteran's bilateral hearing loss and tinnitus are not service-connected as they did not manifest during active duty or due to in-service noise exposure. The Veteran's prostate cancer is not service-connected as there is no evidence of herbicide agent exposure, and his urinary disorder is not service-connected as it is not linked to the service-connected prostate cancer.,The Veteran's claims for bilateral hearing loss, tinnitus, prostate cancer, and a urinary disorder are all denied.

The Veteran's bilateral hearing loss has been rated at 70 percent since January 20, 2011. The Board finds that the evidence does not support a higher rating during this period.

The Veteran's bilateral hearing loss is currently rated at 20 percent, the maximum rating available under VA regulations. The Board finds that his current level of disability does not warrant a higher rating.

The Veteran's left ear hearing loss is found to be caused by in-service noise exposure and service connection for this condition is granted. The issue of an initial compensable rating for right ear hearing loss remains on appeal, as does the claim for a low back disorder.