Hearing loss Board decisions

The Board has remanded the claims for service connection for bilateral hearing loss and tinnitus due to inconsistencies in the evidence regarding exposure to acoustic trauma during service.

The Veteran's hearing loss in the left ear is currently evaluated as zero percent disabling, which is his current rating. The Board finds that the Veteran does not meet the criteria for a compensable disability rating.

The Board denied service connection for right ear hearing loss and tinnitus, finding that the Veteran did not have a current disability or evidence of an in-service injury. The Court remanded these issues due to procedural errors.

The Board denied the Veteran's claims of entitlement to service connection for left ear hearing loss and tinnitus, finding that his pre-existing conditions did not worsen during military service.

The VA has denied the veteran's claim for an increased rating for his service-connected bilateral hearing loss on a schedular basis. The Board now finds that there is no evidence to support an extraschedular rating, and thus denies this portion of the appeal.

The Board found no evidence to support the Veteran's claims for service connection for bilateral hearing loss and tinnitus, as both conditions were first diagnosed many years after his separation from active duty. The VA audiological evaluations did not link these disabilities to military noise exposure.

The Veteran's appeals for service connection and increased ratings have been withdrawn. The appeal for tinnitus has been denied as the Veteran is already receiving the maximum schedular rating available.

The Board denied the Veteran's claims of service connection for tinnitus, broken left eardrum, depression, and residuals of right shoulder and right arm injuries from shrapnel. The evidence did not support a direct link between these conditions and his military service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, skin cancer (presumed due to herbicide exposure), and PTSD. The Veteran's current conditions are not related to his active service.

The Board found that the Veteran's service records did not show a diagnosis of PTSD, and his VA examination report did not find any current diagnosis of PTSD. Therefore, the claim for service connection for PTSD was denied.

The Board denied the Veteran's claims for an initial compensable rating for his service-connected bilateral hearing loss prior to November 24, 2008 and a rating in excess of 10 percent from that date. The Veteran was assigned a 10% disability rating effective November 24, 2008.

The Veteran's death was not caused or contributed to by any service-connected disability, including his pleural effusion. The Board denied the DIC claim and the cause of death claim.

The Veteran's appeal is remanded due to the need for a new VA audiological examination and additional medical records. The initial noncompensable disability rating for bilateral hearing loss will be reconsidered based on the results of these examinations and records.

The Board denied the Veteran's claim for TDIU due to his failure to report for a scheduled VA psychiatric examination, finding no good cause shown.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, and lower extremity nerve damage are denied. The claim to reopen a low back disability is also denied.

The Veteran's claims for service connection for right ear hearing loss and right knee disability were denied. Service connection was granted for a bone spur of the right heel, but with no compensable rating assigned.

The Board has granted service connection for hearing loss and assigned a 10 percent disability rating effective October 27, 2006. For the period prior to June 28, 2008, the Veteran's DDD of the lumbar spine was manifested by forward flexion of the thoracolumbar spine greater than 60 degrees and combined range of motion greater than 120 degrees without muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. Since June 28, 2008, the Veteran's DDD of the lumbar spine has been manifested by forward flexion of the thoracolumbar spine to 30 degrees and is rated as 40 percent disabling.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are not related to service, with the VA audiologist concluding that they were more likely due to post-service noise exposure.

The Board has reopened the claims for service connection for bilateral hearing loss and tinnitus, finding that new and material evidence has been submitted. The Board concludes that there is a reasonable possibility of substantiating the claim for service connection for both conditions due to in-service noise exposure. As such, the claims are granted.

The Board denied an initial compensable disability evaluation for bilateral hearing loss, finding that the Veteran's numeric designations did not translate to more than a zero percent disability at any time during the rating period.