Hearing loss Board decisions

The Board found that the Veteran's bilateral hearing loss did not manifest during or as a result of active military service and concluded that it was less likely than not incurred in or caused by his military service.

The Board's May 2013 decision is dismissed as the Veteran did not provide a clear and specific allegation of CUE in any of the issues decided.

The Veteran's need for special monthly compensation based on Aid and Attendance/Housebound has been established, as he is in need of regular aid and assistance due to his service-connected disabilities. The spouse's need for aid and attendance allowance has also been granted.

The Board has remanded the case for further development, including obtaining updated medical records and readjudicating the Veteran's claims of increased rating for bilateral hearing loss and TDIU. The case will be returned to the Board after this is completed.

The Board has remanded the case for additional development due to inconsistencies in the medical opinions and need for clarification regarding the Veteran's exposure to noise during service.

The Veteran is seeking an initial compensable rating for bilateral hearing loss prior to December 5, 2016 and a higher rating thereafter. The case must be remanded to obtain additional VA records.

The Veteran's service-connected disabilities do not render him unemployable, as he has been self-employed for over thirty years and missed an average of 4-6 days a month due to his conditions. The evidence does not show marked interference with employment.

The Board has remanded the case for a new VA examination to determine if the Veteran's current bilateral hearing loss is related to service, specifically addressing whether it could have developed after service or was so slight as not to be detected during service.

The Veteran's service-connected bilateral hearing loss and right thigh contusion with numbness are not rated higher than noncompensable, as the evidence does not support a finding of more severe impairment.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a skin disability. The Veteran's right ear hearing loss is found to be related to service, while his left ear hearing loss does not meet VA criteria for a disability. Service connection is granted for bilateral plantar fasciitis but denied for fallen arches or other bilateral foot disabilities.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus did not manifest during or as a result of his military service, and thus denied both claims.

The Veteran's claim for a higher rating for his lumbar sacral strain with levoscoliosis was denied as the evidence did not show that forward flexion of the thoracolumbar spine was limited to 60 degrees or less, or that there were combined range of motion limitations of 120 degrees or less. The Veteran's hearing loss disability claim was also denied as there is no evidence of a current bilateral hearing loss disability for VA compensation purposes.,The Veteran's lumbar sacral strain with levoscoliosis does not meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's hearing loss disability claim was denied as there is no evidence of a current bilateral hearing loss disability.

The Veteran's bilateral hearing loss was evaluated as 10 percent disabling since December 5, 2014. The claim for a higher evaluation prior to that date remains denied.

The Veteran's appeal was denied for the issues related to his bilateral hearing loss and PTSD prior to July 28, 2011. The appeals were not granted as he did not meet the criteria for higher ratings under the applicable rating criteria.

The Board has determined that the Veteran does not have a hearing loss disability of the left ear as defined by VA regulations and therefore, service connection for this condition is denied.

The Board has granted service connection for right ear hearing loss and has determined that the Veteran's cervical spine, lumbar spine, left upper extremity radiculopathy, right upper extremity radiculopathy, left lower extremity radiculopathy, and right lower extremity radiculopathy disabilities have been rated based on their current manifestations. The Board also granted a TDIU.

The Veteran's service-connected bilateral hearing loss has been rated as noncompensable throughout the appeal period, with no worse than Level I hearing acuity in both ears.

The Board has reopened the claim for service connection for bilateral hearing loss disability and granted it, finding that there is at least equipoise evidence to support a finding of in-service noise exposure and current hearing loss.

The Board has granted service connection for left ear hearing loss and tinnitus, finding that the Veteran's lay statements of in-service noise exposure are credible. The heart disorder claim is remanded as new VA examination and opinion are needed to determine if it was incurred during service or due to Agent Orange exposure.

The Board has remanded the claims for further development and evaluation, including obtaining additional medical opinions regarding the Veteran's tinnitus, bilateral hearing loss, COPD, and depression.