13-17 109
13-17 109
| Board of Vet. App. | May 31, 2017Background
- Veteran served on active duty Apr 1968–Apr 1969 and appealed a May 2012 RO denial of service connection for bilateral hearing loss, tinnitus, and bilateral ear disability (including tympanic membrane injury).
- Veteran alleges hearing/tinnitus/ear drum injury from a grenade explosion in basic training and from occupational noise exposure as a mechanic.
- Service records show right-ear hearing loss preexisted service on entry exam; separation exam did not show worsening for VA purposes and no left-ear loss was documented in service.
- Post-service and VA treatment records (including an April 2012 VA audiological exam) show essentially normal ear exam and audiology inconsistent with service-incurred etiology; examiner attributed current findings more likely to post-service occupational noise exposure.
- Board found Veteran’s lay statements insufficient to establish medical diagnosis or nexus for hearing loss or tympanic membrane injury; tinnitus statements insufficiently corroborated and not raised in earlier claims.
- Board concluded VA satisfied VCAA notice and duty-to-assist obligations and denied service connection for all three claimed conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection — bilateral hearing loss | Veteran: hearing loss caused/related to grenade blast and military noise exposure | VA: service records show preexisting right-ear loss at entry; separation audiometry not worsened; post-service employment likely cause; VA exam finds no nexus | Denied — preponderance against nexus and no current service-incurred disability established |
| Service connection — tinnitus | Veteran: tinnitus caused by in-service blast/noise | VA: lack of contemporaneous service complaints or continuity; VA examiner found tinnitus not related to service; claimant’s lay assertions uncorroborated | Denied — insufficient competent evidence of service nexus |
| Service connection — bilateral ear disability (tympanic membrane injury) | Veteran: ear drum injury from grenade blast | VA: no diagnosis or treatment for tympanic membrane injury in service or post-service; April 2012 ear exam normal | Denied — no current ear disability shown; no nexus |
Key Cases Cited
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (elements required for service connection)
- Caluza v. Brown, 7 Vet. App. 498 (Vet. App.) (service-connection proof framework)
- Hensley v. Brown, 5 Vet. App. 155 (Vet. App.) (post-service audiometry and causation analysis)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir.) (limits on lay evidence for medical diagnosis and etiology)
- Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir.) (when lay evidence may establish diagnosis)
- Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir.) (continuity of symptomatology for chronic disease claims)
- Rabideau v. Derwinski, 2 Vet. App. 141 (Vet. App.) (no service connection absent present disability)