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