Hearing loss Board decisions

The Board has determined that a new VA medical opinion is needed to address the nature and etiology of the Veteran's bilateral hearing loss disability, as the current examination report does not provide sufficient information on this issue.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to his military service, but have been granted as direct service connection based on evidence of a current disability and in-service noise exposure. The Veteran was provided with adequate VA examinations for both conditions.

The Board denied reopening the claims for service connection for left ear hearing loss and a skin disorder, as well as denying entitlement to service connection for right ear hearing loss. The Veteran's current conditions are not related to his military service.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus disabilities are not service-connected as they did not manifest during or within one year after his military service, and there is no competent medical evidence linking these conditions to his military service.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for neurogenic bladder. Service connection is granted as the Veteran's current disability is at least 50% likely due to his in-service injury. Bilateral hearing loss and tinnitus are not shown to be related to service.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his claims of bilateral hearing loss and tinnitus. The opinions are needed to address whether the conditions pre-existed service, were related to in-service noise exposure, or manifested within one year of discharge.

The Veteran's eye disorders, diagnosed as cataracts, dry eyes, pinguecula, and pterygium, are related to his active service. The Board finds that the criteria for service connection have been met.

The Veteran meets the percentage requirements for TDIU as he has one service-connected disability rated at 60 percent or more and his combined service-connected disabilities are rated at 90 percent. The evidence demonstrates that the Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Veteran's bilateral hearing loss is likely the result of his active service, and the Board has granted this claim. The issue of PTSD was denied due to insufficient evidence.

The Veteran's PTSD alone, combined with other service-connected disabilities rated at 60 percent or more, meets the criteria for a TDIU rating from July 30, 2010. The Veteran is also eligible for SMC under 38 U.S.C.A. § 1114(s) due to his PTSD alone.

The Veteran's tinnitus is established as service-connected due to exposure to acoustic trauma during service.,Right ear hearing loss is established as service-connected because it was aggravated by service from a pre-existing condition. The left ear hearing loss is also established as service-connected.

The Veteran's service-connected disabilities are found to be of such severity so as to preclude substantially gainful employment, warranting a TDIU.

The Veteran's representative withdrew the appeals regarding the issues of entitlement to increased initial ratings for acid reflux/gastroesophageal reflux disease with Barrett's esophagus, and left ear hearing loss.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's bilateral hearing loss is related to his military service. The claim will be returned for further development and consideration.

Service connection for restless leg syndrome has been established. The Veteran's right and left thigh disabilities are rated at 10 percent each, effective September 5, 2014.,The Veteran's right hand disability is rated at 20 percent.

The Board found that the Veteran did not timely file a notice of disagreement with the December 2007 rating decision, and thus, his claims for PTSD, tinnitus, and bilateral hearing loss were denied as to effective dates prior to April 28, 2009 (for PTSD and tinnitus) and April 29, 2009 (for bilateral hearing loss).

The Board has denied all claims for increased ratings, finding that the Veteran does not have current residuals of a ruptured left ear and that his service-connected disabilities do not warrant higher initial disability ratings.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board found that the Veteran's death was not caused by or substantially contributed to by a service-connected disability, and thus denied both the cause of death claim and the DIC under 38 U.S.C.A. § 1318 claim.

The Veteran's service-connected disabilities are not considered to have caused or contributed substantially to his death due to cardiopulmonary arrest. The Board finds that the evidence does not support a finding of clear and unmistakable error in prior decisions regarding his disability ratings, nor is there any basis for reopening claims based on new evidence.