CAVC Case 07-1599: Hearing Loss

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2007-05-08 · LANCE, Judge

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Affirmed
Decision Date
2007-05-08
Judge
LANCE, Judge
Service Era
Not specified

Conditions Claimed

Hearing LossTinnitusHeartEye

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Issues on Appeal

Service ConnectionReopenHearing Loss

Why It Was Decided This Way

The appellant does not present any argument concerning the Board's determination that no new and material evidence had been received sufficient to reopen his claims for service connection for a heart condition,residuals of a head injury,and residuals of a shrapnel wound to the mouth and gums.

Duty to Notify The appellant asserts that the Board erred in concluding that VA satisfied its duty to notify him in accordance with the Veterans Claims Assistance Act of 2000 (VCAA),Pub.

Finally,while the Board noted that the January 2004 notice letter did not ask the [appellant] to provide any evidence in his possession that pertains to the claims, 1 the Board found that, given the private medical information he has authorized VA to obtain on his behalf and the evidence he has submitted in the form of lay statements and private evidence, the appellant had demonstrated actual knowledge of that requirement.

Furthermore,the Board found that the January 2004 notice letter advised the [appellant]that the VA needed 'additional information and evidence.

In light of those findings,the Board concluded that any failure to make the specific request is non-prejudicial harmless error.

3 finding that the Secretary satisfied his duty to notify is not clearly erroneous.

2007)(Court reviews Board's finding of compliant VCAA notice under the clearly erroneous standard of review); Hersey v.

91,94 (1992)( A factual finding 'is clearly erroneous when although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

Authorities Cited

Barela v. PeakeConway v. PrincipiFlores v. PeakeHersey v. DerwinskiHilkert v. WestLendon v. NicholsonLoving v. NicholsonMayfield v. NicholsonMedrano v. NicholsonRobinson v. ShinsekiSee Ford v. GoberSee Frankel v. DerwinskiSee Garrison v. NicholsonSee Hickson v. WestSee Locklear v. NicholsonSee Nolen v. GoberSee Owens v. BrownSee Robinson v. PeakeSwann v. BrownWells v. Principi

Denial Type

Credibility|No Nexus|Not New Material|Duty To Assist

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