09-18 612
09-18 612
| Board of Vet. App. | Jun 14, 2012Background
- Veteran served active duty from August 1961 to October 1983.
- Nov. 2007 VA RO rating decision denied increased ratings for left and right knee disabilities and denied service connection for bilateral hearing loss.
- On April 30, 2012, the Veteran withdrew his appeal as to the left knee (20%+) and right knee (10%) increased ratings.
- The Board dismissed the two withdrawn issues as valid withdrawals under 38 C.F.R. § 20.204.
- The issue remaining on appeal is service connection for bilateral hearing loss, which is remanded for a new medical opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for bilateral hearing loss | Veteran contends hearing loss began during service and is related to in-service noise exposure. | VA arguments not explicitly stated in opinion beyond remand; focus is on obtaining an adequate nexus opinion. | Remanded for a clarifying medical nexus opinion. |
Key Cases Cited
- Ledford v. Derwinski, 3 Vet. App. 87 (1992) (absence of in-service evidence not fatal to service connection claims for hearing loss)
- Hensley v. Brown, 5 Vet. App. 155 (1993) (establishes standard for nexus when became disabling after service)
- McLendon v. Nicholson, 20 Vet. App. 79 (2006) (holding that a medical opinion may be required when essential evidence is missing)
- Duenas v. Principi, 18 Vet. App. 512 (2004) (requires development to obtain medical evidence to support service-connected claims)