Tinnitus (ringing in the ears) decisions — 2014

The Veteran's bilateral hearing loss and tinnitus were not incurred in service, nor are they related to his military service.,The Veteran does not have a valid diagnosis of PTSD. His depressive disorder is not shown by any competent medical evidence to be related to his service.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are service-connected, with the latter being secondary to the former.

The Veteran's prostate cancer residuals were rated at 60 percent prior to August 23, 2007. The RO granted a TDIU rating effective from that date.,The Veteran was found eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, as of August 23, 2007.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus are related to in-service noise exposure, granting service connection for both conditions.

The Veteran's appeal for attorney fees was denied as the notice of disagreement regarding service connection for cirrhosis, hepatitis A, B, and C, and TDIU were not received prior to June 20, 2007. The appellant is therefore barred from charging the Veteran attorney fees with regard to these issues.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this claim as he is no longer alive.

The Veteran's claims for increased ratings for bilateral hearing loss and tinnitus were denied as the evidence did not show that his service-connected conditions had worsened since the last examination.

The Board found that the Veteran's tinnitus was not incurred in or aggravated by military service and denied his claim for service connection.

The Board found that the Veteran's current diagnoses of bilateral hearing loss and tinnitus did not meet the criteria for service connection as they were not shown to have been present during active duty or within one year post-service, nor could a nexus between service and these conditions be established.

The Board has granted service connection for right ear hearing loss and tinnitus, but denied service connection for left ear hearing loss as there is no current disability meeting VA criteria.

The Board found that the Veteran's current hearing loss and tinnitus are less likely than not related to his military service, based on the absence of documented hearing loss in service and the presence of a threshold shift during separation. As such, the claims for service connection were denied.

The Veteran's appeal is being remanded to ensure substantial compliance with the Board's prior remand directives and to allow VA to fulfill its duty to assist in substantiating his claims. The case will be further developed for all issues, including obtaining clarification of audiometric testing results, providing an addendum opinion on tinnitus service connection, and completing any additional development necessary to adjudicate a claim for TDIU.

The Veteran's appeal is being remanded for additional development, including a new VA examination to determine the etiology of any current bilateral hearing loss disability.

The Veteran's claim for service connection for bilateral hearing loss and tinnitus is granted.

The Veteran's service-connected disabilities, including his renal cell carcinoma and dysthymia, have rendered him unable to secure or maintain substantially gainful employment since August 1, 2009.

The Veteran seeks service connection for bilateral hearing loss and tinnitus, which he contends are due to in-service noise exposure. The Board finds the Veteran's account of his exposure to noise from large guns and tanks during service is credible. Further development is needed to determine if these conditions are related to service.

The Board has granted the veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus, finding that there is equipoise in the evidence regarding the causal relationship between these conditions and his military service.

The Board found that the Veteran's hypertension was not caused by or related to service and denied his claim for service connection.

The Board has granted service connection for PTSD with a 30% rating effective November 7, 2008. The Veteran's claims of service connection for bilateral hearing loss and tinnitus were also granted. However, the claim for a meniscal tear of the left knee was denied, as was the request for an earlier effective date for PTSD.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and VA medical records, as well as arranging for a respiratory disorder examination. The Veteran's claims will be reconsidered based on all available evidence.