Hearing loss Board decisions

The Veteran's appeal is being remanded for further examination and opinion regarding his claims of service connection for a sleep disability and bilateral hearing loss disability, both claimed as secondary to his service-connected tinnitus.

The Veteran's bilateral hearing loss is likely attributable to in-service noise exposure, and the Board finds service connection for this condition is warranted.

The Veteran's claim for service connection for right elbow disability, claimed as cellulitis, was denied because there is no current diagnosis of a right elbow disability. The Board found that the evidence did not support a finding of a current disability.

The Board has determined that the Veteran's current bilateral hearing loss is related to his active duty service, and grants service connection for this condition.

The Board finds that the Veteran's bilateral hearing loss disability is not related to his military service and denies the claim.

The Board has determined that the Veteran's current bilateral hearing loss disability is related to his military service, and thus grants service connection for this condition.

The Veteran's bilateral hearing loss has been rated at 30 percent, the maximum schedular rating available for this condition. The Board finds that a higher initial rating is not warranted as his hearing impairment does not meet or approximate the criteria for a higher rating.

The Veteran's service-connected bilateral hearing loss is currently rated as zero percent disabling, and the Board finds that a compensable rating is not warranted based on the evidence of record.

The Board denied the appellant's claim for an earlier effective date for bilateral hearing loss service connection, finding that there was no pending claim of CUE at the time of her husband's death and thus she could not present such a claim in the context of accrued benefits or as a substitute claimant.

The Veteran's current bilateral hearing loss disability was not present in service or until many years thereafter and is not related to service. The Board finds that the Veteran's claim for service connection for bilateral hearing loss cannot be granted.

The Board has determined that the Veteran is entitled to an effective date of March 24, 1995 for the award of service connection for tinnitus and hearing loss. The claim was initially incomplete but completed within one year.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's bilateral hearing loss and tinnitus are related to service, including noise exposure. Therefore, service connection for these conditions is granted.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the numerical designation for a compensable rating for his bilateral hearing loss, and that an increased schedular rating is therefore not available. For tinnitus, the maximum schedular evaluation of 10 percent was assigned after the effective date of the June 2003 amendment to Diagnostic Code 6260. The Veteran's claim for service connection for teeth loss due to his service-connected tinnitus was denied as there was no competent evidence establishing a secondary relationship.

The Board has determined that the Veteran's bilateral hearing loss and chronic tinnitus are likely due to noise exposure during his period of active military service, and thus grants service connection for these conditions.

The Veteran's initial rating for right wrist fracture with tendonitis has been granted at 10 percent, but no higher.,The Veteran's initial rating for status post right tibia fracture has been granted at 30 percent. No higher rating is warranted as the combined ratings do not exceed the maximum allowable for disabilities below the knee.

The Board has decided to remand the Veteran's claim for a compensable rating for his service-connected bilateral hearing loss due to the need for additional development, including obtaining a VA audiology examination and any pertinent treatment records.

The rating reduction from 10 percent to zero percent (noncompensable) for service-connected bilateral hearing loss was proper as the evidence showed a sustained improvement in the Veteran's hearing acuity under ordinary conditions of life and work.

The Board has remanded the case due to insufficient rationale in the VA audiology evaluation of January 2011, and additional development is needed to determine if the Veteran's current hearing loss is related to service noise exposure.

The Veteran's current bilateral hearing loss disability was incurred as a result of injury during his ACDUTRA service, and the Board grants service connection for this condition.

The Veteran's appeal for a higher schedular evaluation for tinnitus and a compensable rating for bilateral hearing loss was denied. The Board found that the maximum schedular rating of 10 percent is appropriate for both conditions.