Tinnitus (ringing in the ears) decisions — 2014

The Board has determined that the Veteran's current bilateral hearing loss disability and tinnitus are related to his active duty service, granting service connection for both conditions.

The Board has determined that another remand is necessary due to inadequate opinions on the relationship between the Veteran's bilateral hearing loss and service-connected tinnitus. The case will be returned for further development.

The Board has determined that the Veteran's unauthorized medical expenses incurred at Heritage Hospital on December 23, 2009 meet the criteria for payment or reimbursement under VA regulations. The treatment was deemed necessary due to a prudent layperson expectation of an emergency condition and no feasible availability of VA care.

The Board has determined that the Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment, and thus denied his claim for TDIU.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's left thumb disability is rated at 10 percent, the highest possible rating under Diagnostic Code 5228. The other issues on appeal are not addressed as they involve different conditions and theories of service connection.

The Board has determined that the Veteran's bilateral hearing loss and tinnitus are related to his in-service noise exposure, resolving reasonable doubt in favor of the Veteran.

The Veteran's service-connected tinnitus and hearing loss do not meet the criteria for SMC or SMP based on need for aid and attendance or being housebound.,The Veteran does not have a single disability rated at 100% in addition to his back disorder, nor is he over 65 years old. Therefore, he does not qualify for SMP at the housebound rate.

The Board has determined that the Veteran does not have a current disability for service connection purposes due to lack of evidence showing hearing loss or tinnitus during service. The VA examiner found no link between in-service noise exposure and current bilateral hearing loss, and concluded that it was more likely caused by occupational noise exposure post-service.

The Board found no evidence of a current left ankle condition or an in-service injury, and thus denied the Veteran's claim for service connection. The tinnitus issue is pending as it was placed in appellate status by the Veteran during her hearing.

The Board finds that the Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, despite some interference in his employment due to urinary leakage and frequency.

The Veteran's tinnitus began in service and continues to the present, thus service connection is granted. The low back disability was less likely than not related to service.

The Board has remanded the case due to audio technical difficulties during a previous hearing. The Veteran is scheduled for another Travel Board Hearing.

The Board has determined that the Veteran's claimed tinnitus, bilateral hearing loss, type II diabetes mellitus, and lumbar spine disorder were not incurred in or aggravated by service.

The Board found that the Veteran's hearing loss and tinnitus were not incurred in or aggravated by service, as there was no evidence of current disability within one year post-service. The Board also noted that the Veteran did not have a history of hearing problems prior to discharge.

The Veteran's tinnitus is found to have been incurred during service, and the Board grants service connection for this condition.

The Veteran's appeals for service connection for bilateral hearing loss and tinnitus have been withdrawn. The Board has granted service connection for posttraumatic stress disorder (PTSD) due to in-service traumatic events.

The Board found that the Veteran's current bilateral hearing loss and tinnitus are not related to active service or any incident of service.

The Veteran's PTSD is rated at 70 percent, effective from the date of his claim. The Board also granted a TDIU as of May 15, 2014.

The Veteran's service-connected disabilities, particularly his back disability, are of such severity as to preclude his participation in all forms of substantially gainful employment for which he is qualified. Therefore, the Board finds that entitlement to a TDIU on an extraschedular basis is warranted.