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13-20 882
13-20 882
Board of Vet. App.
Jun 15, 2017
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Background

  • Veteran served on active duty from July 1962 to March 1966.
  • This matter is an appeal from a January 2012 VA RO rating decision.
  • The issue on appeal is entitlement to an initial compensable rating for bilateral hearing loss.
  • The Veteran is represented by The American Legion.
  • The Board remanded the case due to the age of the last VA audiology examination (January 2012) and the need for a contemporaneous evaluation.
  • Actions contemplated include obtaining records and scheduling a current VA audiology examination before readjudication.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to an initial compensable rating for bilateral hearing loss Examination is stale; need current assessment Board/VA requires contemporaneous medical evaluation Remanded for current examination and records; not decided on merits

Key Cases Cited

  • Green v. Derwinski, 1 Vet. App. 121 (1991) (duty to provide thorough and contemporaneous medical examination)
  • Caffrey v. Brown, 6 Vet. App. 377 (1994) (contemporaneous examination required when prior is too remote)
  • Kowalski v. Nicholson, 19 Vet. App. 171 (2005) (duty to assist and cooperation of veteran; consequences of failure to report)
  • Wood v. Derwinski, 1 Vet. App. 190 (1991) (expeditious handling of remands)
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Case Details

Case Name: 13-20 882
Court Name: Board of Veterans' Appeals
Date Published: Jun 15, 2017
Docket Number: 13-20 882
Court Abbreviation: Board of Vet. App.