08-26 005
08-26 005
| Board of Vet. App. | Apr 18, 2018Background
- Veteran served active duty May 1968–Mar 1970; recipient of Combat Infantryman Badge and Purple Heart.
- Claim: entitlement to a compensable VA rating for service‑connected bilateral hearing loss; appeal from July 2013 RO decision.
- Record includes private audiogram (May 2007) and VA audiograms (Sept 2012, June 2013, July 2017) with pure‑tone averages ~37.5–49 dB and speech discrimination 84–89%.
- VA examiners diagnosed bilateral sensorineural hearing loss and provided rationale; July 2017 exam concluded no impact on ordinary conditions of daily life.
- Rating via DC 6100 (38 C.F.R. §§ 4.85, 4.86) requires mechanical application of audiometric results to Tables VI/VII; July 2017 results corresponded to Level II/Level II, producing a 0% (non‑compensable) evaluation.
- Board found VA satisfied VCAA duties (notification, records, examinations) and that the preponderance of evidence weighs against a compensable rating; denied increased (compensable) rating.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to a compensable rating for bilateral hearing loss | Hearing loss worsened; issuance of hearing aids and subjective difficulty understanding speech shows compensable disability | VA relies on objective audiometric results and DC 6100 application; exams valid and adequate | Denied — audiometric results map to non‑compensable rating under DC 6100 |
Key Cases Cited
- McLendon v. Nicholson, 20 Vet. App. 79 (explains VA's duty to assist and when medical opinions/exams are required)
- Barr v. Nicholson, 21 Vet. App. 303 (examinations must be adequate and provide rationale)
- Monzingo v. Shinseki, 26 Vet. App. 97 (examination adequate when it informs Board of expert judgment and essential rationale)
- Jandreau v. Nicholson, 492 F.3d 1372 (competency of lay testimony on observable symptoms)
- Lendenmen v. Principi, 3 Vet. App. 345 (hearing impairment evaluations under DC 6100 are mechanical applications of audiometric results)
- Fenderson v. West, 12 Vet. App. 119 (requirement to consider staged ratings for increased rating claims)
- Doucette v. Shulkin, 28 Vet. App. 366 (Board not required to address issues not raised by claimant or reasonably raised by record)
