Hearing loss Board decisions

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss and tinnitus due to a lack of VA records from his treatment in 1955 and 1957 at the Manhattan VAMC. The claims will be readjudicated after obtaining these records.

The Board found that the Veteran's claimed right ear hearing loss, dizziness, balance impairment, and vertigo were not caused or aggravated by carelessness, negligence, lack of proper skill, or error in judgment on the part of VA in furnishing hospital care, medical or surgical treatment, nor was such the result of an event not reasonably foreseeable. Therefore, the claim for compensation under 38 U.S.C. § 1151 has been denied.

The Veteran's bilateral hearing loss was not compensably rated prior to October 5, 2005.,From October 5, 2005 to March 24, 2009, the Veteran was entitled to a disability rating of at least 10 percent for his bilateral hearing loss.,After March 24, 2009, the Veteran's disability rating for bilateral hearing loss increased to 30 percent.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by service, nor may they be presumed to have been so incurred. The preponderance of evidence shows that these conditions did not have their onset during service and are more likely related to aging.

The Veteran's appeal for service connection on all issues was granted, with the exception of right knee disability which was withdrawn by the Veteran. The Board found that the Veteran has PTSD and tinnitus due to his active duty service.

The Board finds that the Veteran's bilateral hearing loss is related to his military service, specifically to excessive noise exposure (acoustic trauma). The decision grants service connection for this condition.

The Board has remanded the case due to inadequate examination and incomplete medical records, particularly National Guard service records. The appellant's hearing loss is being evaluated for a possible connection to military service exposure.

The Board has determined that the Veteran's bilateral hearing loss was not incurred in or aggravated by his active service, and thus denied his claim for service connection.

The Veteran's claims of entitlement to disability ratings in excess of 30 percent for bilateral hearing loss and 10 percent for tinnitus have been denied. The maximum schedular evaluation assignable for the service-connected tinnitus has already been assigned.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's hearing loss and tinnitus, which may be related to service.

The Veteran is seeking service connection for bilateral hearing loss and tinnitus, which he contends resulted from noise exposure during his military service. The case has been remanded due to the need for clarification of the basis for a VA examiner's opinion regarding the etiology of these conditions.

The Board has determined that a new VA audiological examination is necessary to determine the current severity of the appellant's service-connected bilateral hearing loss. The claim will be readjudicated after this development.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to inconsistencies in the VA examination report and incomplete service records. The case needs to be reviewed again with consideration of all periods of active duty, ACDUTRA, INACDUTRA, and inactive service.

The Veteran's cervical spine disc disease with right shoulder pain and right forearm paresthesia is rated at 20 percent prior to June 23, 2004. Effective from June 23, 2004, the Veteran is rated at 20 percent for the orthopedic manifestations of cervical spine disc disease and 10 percent for the neurologic manifestations. The Veteran's degenerative joint diseases are each rated at 10 percent. Bilateral hearing loss is not compensable. Retinal detachments have no associated rating.

The Board has determined that the Veteran's currently diagnosed bilateral hearing loss and tinnitus are not related to his military service, and therefore denied both claims.

The Veteran's bilateral hearing loss is currently rated at 40 percent effective from February 21, 2009. Prior to that date, the rating was 30 percent.

The Board found that the Veteran's pre-existing left ear hearing loss did not permanently increase in severity during his active duty service, and thus denied his claim for service connection.

The Board has determined that the Veteran's service-connected conditions do not warrant a higher rating for his degenerative disc disease at L5-S1, but does find new and material evidence to reopen his claim of service connection for bilateral hearing loss. The Veteran's restless leg syndrome is found to be secondary to his service-connected low back disability.

The Board has denied the Veteran's claims of service connection for hearing loss and right ankle disability. The Veteran is not entitled to a higher initial rating for PTSD before April 20, 2004.