Tinnitus (ringing in the ears) decisions — 2017

The Veteran's service-connected residuals of prostate cancer are rated at the maximum allowable rating, and his other disabilities do not render him unemployable. Therefore, he is denied an increased rating for his prostate cancer disability and TDIU.

The Board has granted service connection for tinnitus, finding that the evidence is in equipoise and affording the veteran the benefit of the doubt.

The Veteran's appeal was denied as his substantive appeal was not timely filed with respect to the December 2007 rating decision.

The Board has remanded the case for further development due to the Veteran's incarceration, which has hampered VA's duty to assist. The Veteran seeks service connection for various conditions including head injury, depression, hearing loss, tinnitus, headaches, PTSD, substance abuse, genital herpes, hepatitis C, and joint and muscle pain.

The Board has determined that additional development is needed before the claims can be fully adjudicated.

The Board has determined that the Veteran's sleep apnea, tinnitus, left shoulder disability, and allergic rhinitis are all service-connected.,The evidence supports the Veteran's claims for these conditions, with a preponderance of the evidence showing their onset during his military service.

The Board found that the Veteran's tinnitus, bilateral hearing loss, spine disorder, left leg and foot disorder (to include as secondary to a spine disorder), intestinal blockage, hypertension, thyroid disorder, nerve damage of the bilateral hands, and nerve damage of the right leg were not incurred in or aggravated by service.

The Board found that the Veteran did not have a current hearing loss disability or tinnitus, and thus was not entitled to service connection for these conditions. As a result, the Appellant is not eligible for accrued benefits related to these claims.

The case is being remanded for additional development, including obtaining SSA records and VA treatment records, as well as providing the Veteran with a VA examination to determine the nature and etiology of his hearing loss and tinnitus.

The Veteran's service-connected disabilities do not meet the minimum percentage requirements for award of a schedular TDIU, and these disabilities are not shown to prevent him from obtaining or retaining substantially gainful employment.

The Board has determined that the Veteran's tinnitus is service-connected, as his in-service noise exposure and current symptoms are consistent with continuity of symptomatology.

The Veteran was not found to be unemployable due to service-connected disabilities prior to November 13, 2006. His TDIU claim is therefore denied for an earlier effective date.

The Veteran's service connection claims for bilateral sensorineural hearing loss and tinnitus were denied as the evidence did not support a finding of in-service incurrence or aggravation. The claim for an initial compensable rating for a left chest scar associated with a GSW was also denied.

The Board has decided to remand the case for additional development, including obtaining service personnel records and a VA examination for bilateral hearing loss. The Veteran's claims for service connection will be readjudicated after these actions.

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

The Veteran withdrew all his pending appeals, including those for increased rating for PTSD, service connection for bilateral hearing loss, tinnitus, Gulf War Syndrome-related conditions (including a bilateral knee condition, headaches, joint pain, a neurologic disorder, and a skin rash), and whether new and material evidence has been received to reopen a claim for service connection for a sleep disorder.

The Veteran's service-connected disabilities, without considering non-service connected conditions, were not so severe as to render him unable to secure or follow a substantially gainful occupation. The Veteran does not have a disability rated at 100% and has not been otherwise rendered in need of regular aid and attendance based on his service-connected disabilities.

The Board has determined that the AOJ did not substantially complete the remand directives and finds another remand is required to address the Veteran's claims for service connection for bilateral hearing loss disability and tinnitus.

The Veteran's service-connected tinnitus has been assigned a maximum 10 percent evaluation, which is the highest available under applicable criteria. His service-connected bilateral hearing loss does not meet the criteria for any compensable rating.,The Board finds that there is no evidence of record showing that the Veteran's current lumbar spine disorder was incurred during his military service or within one year thereafter.

The Veteran was not found to be unable to secure or follow substantially gainful employment due to his service-connected disabilities from April 1, 2006 to August 2, 2011.