Tinnitus (ringing in the ears) decisions — 2010

The Veteran's appeal has been dismissed as he withdrew his appeals for all issues except PTSD.

The Veteran's tinnitus was found to have its onset during his period of active military service and has continued since. The Board granted the claim for service connection.

The Veteran's service-connected conditions do not meet the criteria for either automobile and adaptive equipment or specially adapted housing assistance.

The Veteran's claim for a TDIU is denied as he did not meet the schedular threshold and his unemployability was due to factors other than his service-connected disabilities.

The Veteran's character of discharge is found to be honorable for VA purposes, and he is granted service connection for PTSD. Service connection is also granted for bilateral hearing loss and tinnitus due to in-service noise exposure. The claim for migraine headaches remains pending as the Veteran failed to report for scheduled examinations.

The Veteran's death from terminal pneumonia was caused by heart disease, which developed as a result of his service-connected depression. The Board finds that the Veteran's death meets the criteria for service connection for the cause of the Veteran's death.

The Board has granted service connection for tinnitus and malignant melanoma of the right lung as a result of exposure to herbicides. The Veteran's claims for degenerative disc disease of the lumbar spine, melanoma and skin cancer of the neck and right cheek, atrial fibrillation, sterility, bilateral hearing loss, and nose disability have been withdrawn by the Veteran.

The Board found no medical evidence of tinnitus and the Veteran's lay statements regarding tinnitus were not credible. Therefore, service connection for tinnitus was denied.

The Veteran's appeal for nonservice-connected pension benefits was denied as he did not meet the threshold service eligibility requirements. The Board found that his military service does not qualify him for VA pension benefits.

The appellant's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations to assess the claims of tinnitus and basal cell carcinoma.

The Board found that the Veteran's current bilateral hearing loss and tinnitus were not incurred or aggravated by service, as there was no evidence of chronic conditions during service or within one year after separation. The VA examinations did not establish a link between his current disabilities and service.

The Veteran's claims for service connection are being remanded due to incomplete service medical records and the need for additional examination.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to his active service, and denied both claims.

The Board has determined that further development is needed before the claims for service connection for bilateral hearing loss and tinnitus can be decided.

The Board finds that the preponderance of the evidence is against a finding of service connection for bilateral hearing loss and tinnitus as related to active service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for tinnitus. The RO previously denied this claim in November 1997, finding no evidence of tinnitus during service or within one year post-service. The October 2008 VA examination concluded that the Veteran's tinnitus is less likely caused by noise exposure from military service.

The appeal has been withdrawn by the appellant or his authorized representative.

The Veteran's claim for service connection for asthma has been reopened due to the submission of new evidence that relates to an unestablished fact necessary to substantiate the claim.,The issue of service connection for tinnitus remains pending as it is not clear whether it is related to service.

The Board found that the Veteran's tinnitus did not meet the criteria for service connection as it was not shown to be incurred in or aggravated by his military service, and there is no presumption of service connection due to exposure to noise. The right knee disorder and sinusitis issues are pending and will be addressed in a separate remand.