13-30 296
13-30 296
| Board of Vet. App. | Oct 31, 2017Background
- Veteran served active duty Nov 1990–May 1991 and in the National Guard 1988–1993; claim initially decided by RO in Sept 2011 and appealed to the Board.
- Veteran testified at an August 2015 videoconference hearing and raised additional issues; remands occurred in 2015 and 2016 for development.
- PTSD was granted service connection in October 2013, effective May 2, 2011; treatment records show inpatient and outpatient PTSD care through 2014–2015.
- VA audiometric exams (Sept 2011 and Oct 2016) showed hearing thresholds and speech recognition within VA regulatory limits (no VA-defined bilateral hearing loss).
- Veteran consistently reported onset of tinnitus during service and ongoing symptoms; VA exam (Oct 2016) confirmed tinnitus.
- Medical records and provider notes document concurrent treatment for hypertension and PTSD, with some evidence blood pressure improved with PTSD treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for bilateral hearing loss | Veteran: noise exposure in MOS as wheeled vehicle mechanic caused hearing loss | VA: audiometric results do not meet VA disability thresholds; no competent evidence of current hearing loss | Denied — preponderance against current VA-defined bilateral hearing loss |
| Service connection for tinnitus | Veteran: tinnitus began in service and has been continuous | VA: (implicit) require nexus and competent evidence; but acknowledges tinnitus is largely lay-establishable | Granted — Veteran's credible lay reports, service noise exposure, and VA exam sufficient to establish nexus and current disability |
| Service connection for hypertension (secondary to PTSD) | Veteran: PTSD caused stress, weight gain, and elevated BP; providers linked PTSD/stress to hypertension | VA examiner: hypertension predates PTSD and cannot be caused by a later condition; exam found no proximate cause or aggravation | Granted — evidence in relative equipoise; Board resolves reasonable doubt in Veteran's favor and finds hypertension aggravated by service-connected PTSD |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (Board not required to address procedural arguments not raised by claimant)
- Dickens v. McDonald, 814 F.3d 1359 (Fed. Cir.) (applies Scott to duty-to-assist arguments)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir.) (lay evidence competency for observable symptoms)
- Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir.) (credible lay evidence may establish continuity of symptoms despite lack of contemporaneous records)
- Charles v. Principi, 16 Vet. App. 370 (Court of Veterans Appeals) (tinnitus is typically a subjective condition that can be proved by lay testimony)