10-42 127, 10-42 127

Veteran served on active duty Jan 1969–Jan 1971 and worked as assistant drill sergeant/stock clerk with reported frequent in-service exposure to rifle and other weapons noise without ear protection.
Service audiograms (1968 enlistment and Nov 1970 separation) showed essentially normal hearing by regulatory thresholds; post-service VA exam (Feb 2010) diagnosed bilateral sensorineural hearing loss with CNC speech scores <94%.
Veteran testified at a Sept 2013 hearing that hearing problems began in service and progressed; wife corroborated chronicity and disputed significant post-service occupational noise exposure.
Multiple VA medical opinions were obtained (Feb 2010, Apr 2014, Apr 2015 addendum); early opinions were equivocal/inadequate; Apr 2015 addendum found right-ear nexus favorable and left ear unfavorable but acknowledged service-related threshold shifts.
Board found Veteran’s noise-exposure testimony credible, concluded nexus for right ear established, and—resolving doubt in Veteran’s favor—granted service connection for bilateral sensorineural hearing loss.
The claim for an increased rating for a service-connected right distal fibula stress fracture was remanded for a new VA musculoskeletal exam addressing active/passive and weight-bearing/non-weight-bearing ROM, pain on motion, and functional loss during flare-ups/repetition per Correia and related authorities.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Service connection for bilateral hearing loss	Veteran: hearing loss caused by in-service weapons/noise exposure; symptoms began in service and continued after discharge	VA: initial examiners found normal separation audiogram and cited post-service occupational noise as cause; later examiner partly unfavorable (left ear)	Service connection granted for bilateral hearing loss — right ear nexus established on medical evidence; left ear granted under continuity/chronicity and benefit of doubt rule
Higher evaluation for right distal fibula stress fracture	Veteran: seeks increased rating based on functional loss, pain on use/flare-ups	VA: current exam inadequate — missing required active/passive and weight-bearing ROM and quantification of additional ROM loss during flare-ups/repetition	Remanded for a new examination meeting Correia requirements and for readjudication

Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (elements required to establish service connection)
Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir.) (continuity of symptomatology for chronic disease under 38 C.F.R. § 3.303(b))
Fountain v. McDonald, 27 Vet. App. 258 (Vet. App.) (sensorineural hearing loss is a chronic disease under 38 C.F.R. § 3.309(a))
Hensley v. Brown, 5 Vet. App. 155 (Vet. App.) (current hearing impairment may be service-connected despite normal separation audiogram with causal evidence)
Gilbert v. Derwinski, 1 Vet. App. 49 (Vet. App.) (benefit of the doubt rule in veteran claims)
Correia v. McDonald, 28 Vet. App. 158 (Vet. App.) (VA joint/ROM exams must include active/passive and weight-bearing/non-weight-bearing testing)
Mitchell v. Shinseki, 25 Vet. App. 32 (Vet. App.) (requirement to address functional loss during flare-ups)
DeLuca v. Brown, 8 Vet. App. 202 (Vet. App.) (need for explanation when exam cannot quantify functional loss)
Layno v. Brown, 6 Vet. App. 465 (Vet. App.) (lay testimony may establish presence of observable symptomatology)
Kutscherousky v. West, 12 Vet. App. 369 (Vet. App.) (veteran’s right to submit additional evidence during remand)