Hearing loss Board decisions

The Veteran's current bilateral hearing loss is considered to be the result of noise exposure during his military service.

The Veteran's service-connected disabilities (hearing loss and tinnitus) do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection have been denied. The Board found that new and material evidence had not been presented to reopen the claim of entitlement to service connection for a psychiatric disorder characterized as psychoneurosis and anxiety, but reopened it based on newly submitted medical evidence indicating current diagnoses related to service. However, the Board concluded that there was no current hearing loss by VA standards, no established link between any diagnosed conditions and service, and thus denied all claims.

The Veteran's bilateral hearing loss disability is currently rated at 10 percent, effective November 9, 2012. The Board finds that the evidence does not support a higher rating.

The Veteran's asthma with COPD is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has determined that the Veteran's current bilateral hearing loss did not have its onset during military service or is otherwise related to such service. The evidence does not support a finding of continuity of symptomatology since separation from service.

The Board has determined that the Veteran's bilateral hearing loss is at least as likely as not due to noise exposure during his military service, and thus grants service connection for this condition.

The Board found no evidence of a nexus between the Veteran's current hearing loss and tinnitus and his service, including noise exposure. The Veteran's hearing loss was not shown during service or within one year after separation, and there is no medical opinion linking it to in-service noise exposure.

The Board denied the claims for service connection for chronic peripheral neuropathy affecting the arms and legs with loss of equilibrium and Dupuytren's contracture, sleep apnea, bilateral hearing loss, and tinnitus. The evidence received since January 2011 did not raise a reasonable possibility of substantiating these claims.

The Veteran's service-connected disabilities, by themselves or in concert, have not been sufficient at any time during the period of the claim to render him unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience.

The Board has remanded the claims for bilateral hearing loss and right foot disability due to insufficient development, including obtaining additional opinions from VA examiners regarding etiology.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's hearing loss and vertigo are related to VA surgeries in May 2000 and December 2000. The AOJ is instructed to obtain an addendum opinion addressing these issues.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before an Acting Veterans Law Judge.

The Board denied the Veteran's claims of service connection for tinnitus and left ear hearing loss, as well as his claim for a compensable rating for right ear hearing loss. The decision found that there was no evidence linking these conditions to service.

The Board has granted presumptive service connection for bilateral hearing loss and tinnitus based on continuous symptoms since service separation, which meets the criteria under 38 C.F.R. § 3.303(b).

The Board found no evidence linking the Veteran's current hearing loss, bronchitis, frequent headaches, or vision changes to his active service. The claims for these conditions were therefore denied.

The Board has determined that the Veteran's bilateral hearing loss warrants a noncompensable disability rating, and an earlier effective date prior to July 25, 2007, for the award of the 10 percent rating is not warranted.

The Veteran's appeal is being remanded due to the need for updated VA examinations and other procedural issues. The claims will be reconsidered after these matters are addressed.

The Board found that the Veteran does not have a bilateral hearing loss disability for VA purposes during the appeal period, and therefore denied his claim of service connection.

The Board has determined that the Veteran does not have a current right ear hearing loss disability for VA purposes and therefore, his claim of service connection for right ear hearing loss is denied. For left ear hearing loss, the evidence shows that the Veteran's sensorineural hearing loss in the frequency range of 500-4000 Hz has been rated as Level I under Diagnostic Code 6100.