Tinnitus (ringing in the ears) decisions — 2013

Your claims for service connection for bilateral hearing loss and bilateral tinnitus are being remanded to the Department of Veterans Affairs Regional Office for further development.

The Board has denied the Veteran's claim for service connection for tinnitus, finding that there is no evidence of a nexus between current tinnitus and in-service noise exposure. The issue of service connection for ureteral cancer remains pending and will be remanded for further development.

The Veteran's death was not caused by his own willful misconduct, and at the time of his death he was in receipt of compensation for service-connected disability that did not meet the legal requirements for DIC under 38 U.S.C.A. § 1318.

The Veteran's L4-S1 fusion surgery required six months of convalescence, but further doctor-mandated convalescence was not demonstrated and the surgery did not result in severe postoperative residuals or immobilization. The criteria for a temporary total disability rating beyond February 29, 2008 based on need for convalescence following surgical treatment were not met.

The appellant's service-connected disabilities, including postoperative gastrectomy and vagotomy for bleeding peptic ulcer, anxiety reaction, bilateral hearing loss, and tinnitus, preclude him from securing or following a substantially gainful occupation. The Board grants the claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's left ear hearing loss is found to be related to his military service, and the claim for TDIU is granted.

The Veteran's service-connected disabilities, including PTSD, bilateral hearing loss, and tinnitus, have rendered him unable to engage in substantially gainful employment prior to December 9, 2011.

The Veteran's service-connected disabilities, including PTSD, tinnitus, and bilateral hearing loss, are not of such severity as to prevent him from securing or following any substantially gainful employment.

The Veteran's tinnitus is related to his service-connected bilateral hearing loss, and the Board has determined that it is at least as likely as not a symptom associated with the hearing loss.

The Veteran's tinnitus and bilateral hearing loss are found to be related to his military service, with the Board finding that he experienced noise exposure during service. The claim for bilateral hearing loss is granted.

The Veteran's appeal regarding his service-connected bilateral hearing loss and tinnitus was denied as there is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for tinnitus.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are not related to his military service, as there is no evidence of in-service acoustic trauma or a nexus between his current disabilities and service. The Veteran's symptoms began several years after service, which does not meet the criteria for presumptive service connection.

The Board has remanded the case for additional development, including a VA audiology examination to address the Veteran's claims of service connection for hearing loss and tinnitus. The issues have been reopened due to new evidence submitted since the last final denial.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected disabilities and whether they render him unable to obtain or retain substantially gainful employment.

The Board has remanded the case due to the need for a video conference hearing before a Veterans Law Judge.

The Veteran's service-connected bilateral hearing loss is currently evaluated at 20 percent, which represents the maximum schedular evaluation allowed under Diagnostic Code 6100. The Veteran's tinnitus is assigned a maximum schedular evaluation of 10 percent under Diagnostic Code 6260 and does not warrant referral for extraschedular consideration.

The Veteran's bilateral hearing loss and tinnitus were not shown in service or for many years thereafter, and the evidence does not support a finding that they are related to service. Therefore, the claims for service connection are denied.

The Board has determined that the Veteran's PTSD had its onset in service and granted service connection for acquired psychiatric disability, to include PTSD. The issue of entitlement to service connection for tinnitus is remanded due to a failure to provide an SOC.

The Veteran's service connection claim for tinnitus is granted as the evidence shows that his tinnitus began in service and is related to noise exposure.

The Board denied the appellant's claims of service connection for various conditions, finding that none were incurred or aggravated by military service.