Hearing loss Board decisions

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining outstanding records. The Veteran's claims for service connection for bilateral hearing loss and tinnitus will be reconsidered based on the new evidence.

The Veteran's bilateral hearing loss disability and tinnitus are found to be etiologically related to acoustic trauma sustained in active service.

The Veteran's claim for a higher disability rating for service-connected bilateral hearing loss was granted, with the effective date being July 19, 2011.

The Board has determined that the Veteran's tinnitus is as likely as not a result of service or etiologically related to in-service acoustic trauma. The Veteran's PTSD and bilateral hearing loss are also found to be service-connected.

The Board denied the Veteran's claims for service connection for blurred vision, bilateral hearing loss, and chronic strep throat. The conditions were found to be due to refractive error without eye disease, sensorineural hearing loss not meeting VA criteria for a disability, and no diagnosed condition of chronic strep throat.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the lack of in-service records and the need for an addendum opinion considering his lay statements about noise exposure during service.

The Board has determined that the Veteran's claimed bilateral hearing loss and diabetes mellitus were not incurred or aggravated during his active service. The evidence does not support a finding of in-service onset or continuity of symptomatology, nor is there any indication of exposure to herbicides.

The Board has remanded the case for additional development, including obtaining VA outpatient records and scheduling a VA psychiatric examination. The Veteran's claims of service connection for bilateral hearing loss on a secondary basis, entitlement to a total rating based on unemployability due to service-connected disability, and whether separate ratings are warranted for depressive disorder with traumatic brain injury residuals, to include vision loss, will be reconsidered.

The Veteran's bilateral hearing loss and tinnitus are found to be the result of acoustic trauma sustained during his active service, warranting service connection.

The Veteran is awarded SMC-O based on the need for two separate SMC-L awards due to loss of use of both feet and need for regular aid and attendance.

The Veteran's sole service-connected disability is bilateral hearing loss, which has been rated at 40 percent since February 9, 2012. The VA and private medical opinions indicate that the Veteran's hearing loss does not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's TDIU claim was denied as his failure to complete the VA Form 21-8940 made it impossible for the Board to determine if he is unemployable due to service-connected disabilities.

The Board has determined that the Veteran's right ear hearing loss is not related to his period of active service, including acoustic trauma and in-service exposure to radiation. As a result, the claim for service connection for right ear hearing loss is denied.

The Board found that the Veteran's bilateral hearing loss, at worst, resulted in level II hearing in both ears. This does not meet the criteria for a compensable rating under VA's rating schedule.

The Veteran's appeal is being remanded for additional development, including a VA audiological examination and the provision of outstanding VA treatment records. The issues on appeal are entitlement to a compensable rating for bilateral hearing loss and entitlement to TDIU.

The Board denied the Veteran's appeals regarding the reopening of his service connection claims for cervical spine, left toe, right toe, bilateral hearing loss, and left elbow disabilities. The Board also did not find new and material evidence to reopen the claim for a left thigh disability. Effective dates were not assigned due to lack of credible lay or medical evidence.

The Veteran's service-connected recurrent tinnitus is assigned a 10 percent evaluation, the maximum schedular rating authorized under Diagnostic Code 6260. There is no legal basis for the assignment of a higher evaluation.

The Veteran's service-connected bilateral hearing loss has not resulted in a compensable disability rating for the entire initial rating period from September 8, 2008.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are related to in-service acoustic trauma, granting service connection for these conditions.

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