Hearing loss Board decisions

The Board found that the veteran's bilateral hearing loss does not warrant a rating higher than 20 percent, as his current evaluation is based on the severity of his hearing acuity levels.

The Board has granted service connection for chronic bronchitis secondary to the veteran's service-connected sinusitis. The other issues are pending and will be addressed in a separate decision.

The veteran's claim for an increased rating for service-connected bilateral hearing loss is being remanded due to the failure to properly apply VCAA provisions.

The veteran seeks an earlier effective date for service connection of bilateral hearing loss. The RO denied his claim in March 1995, finding that the right ear hearing loss pre-existed service and was not aggravated by service, and denying left ear hearing loss on the ground that he did not have a pre-existing condition. He filed another petition to reopen in June 1998, which was denied. The RO also considered his claim for CUE in March 1995 decision but found no error.

The veteran's service-connected bilateral hearing loss and tinnitus render him unemployable, and the Board has granted a total disability rating based on individual unemployability.

The Board found that the veteran's hearing loss and tinnitus were not incurred in or related to his military service, as there was no evidence of defective hearing during service or for many years after service. The VA examiners concluded that the current hearing loss is more likely due to noise exposure from a small machine shop post-service.

The VA determined that the veteran's hearing loss of the left ear does not warrant a compensable evaluation.

The veteran's claim for a compensable disability evaluation under 38 C.F.R. § 3.324 was denied as no basis exists for assignment of such based on multiple noncompensable service-connected disabilities.

The veteran's claim for an increased evaluation for his service-connected hearing loss disability is being remanded due to the need for additional clinical evidence, including a Maryland CNC controlled speech discrimination test score. The examiner should also clarify whether slurred speech or imbalance are separate disorders or part of the hearing loss disability.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that he does not meet the minimum percentage requirements and that his TDIU should be considered under the procedures set forth in section 4.16(b) for veterans who are unemployable by reason of service connected disability.

The Board denied the veteran's claim for an initial (compensable) rating for right ear hearing loss, finding that a zero percent evaluation is the highest rating warranted based on the evidence of record.

The Board found no evidence linking the veteran's current hearing loss to service, and denied his claim for service connection.

The Board denied the veteran's claims for service connection for hearing loss, tinnitus, eye disorder including glaucoma, lung disorder, and a disorder of the left hip or side. The evidence did not support a finding that these conditions were incurred in or aggravated by military service.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further actions.

The veteran's claim for service connection for damaged eardrums and hearing loss is being remanded due to the need for a VA examination.

The Board found that the veteran's bilateral hearing loss had improved, warranting a reduction from a 30 percent disability evaluation to a 20 percent disability evaluation.

The Board found that the veteran did not timely file a Substantive Appeal for his claims of service connection for hearing loss and tinnitus, resulting in denial of jurisdiction to consider these claims on their merits.

The veteran is entitled to a total evaluation for hearing loss effective January 22, 2004. However, he is not entitled to an earlier effective date for TDIU due to the fact that it was not factually ascertainable that he was unable to secure or follow a substantially gainful occupation prior to October 6, 2003.

The Board has determined that the veteran's bilateral hearing loss does not warrant a compensable evaluation, as it falls within Level II of the VA's Schedule for Rating Disabilities.

The Board dismissed the appeal due to the appellant's withdrawal of his claims for service connection for a chronic acquired eye disorder, hearing loss, and an increased evaluation for DJD of the cervical spine at C5-6.