CAVC Case 13-0949: Hearing Loss

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2013-02-28 · BARTLEY, 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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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
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100%$3,938.58
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Outcome
Vacated / Remanded
Decision Date
2013-02-28
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

Hearing LossHipAnkleSkinHeartDiabetesEyeHypertension

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Issues on Appeal

Service ConnectionReopenHearing Loss

Why It Was Decided This Way

Although most of his service medical records (SMRs)were destroyed in the 1973 fire at the 1 The Board also remanded the issue of whether new and material evidence had been received to reopen a previously denied claim for service connection for a hernia.

In February 1998,the Board denied the claims, and the veteran did not appeal.

The Board denied the foot and circulatory claims because it found no evidence of a current lower extremity disability that had not already been attributed to a non-service-related cause (R.

The appellant argues that the Board erred in failing to credit [his]accounts of injury and symptoms related to his claimed conditions, which he asserts are supported by the evidence of record.

He contends that the Board's error in assessing his credibility led to the Board further erring in finding that he was not entitled to VA medical examinations to 4 determine whether he has current foot and circulatory disorders and whether his eye disorders are related to service.

The Board,as factfinder,is obligated to assess the credibility of lay evidence and determine whether it is sufficient to support a claim.

As with any finding on a material issue of fact and law presented on the record,the Board must support its credibility determination with adequate reasons or bases that enable the claimant to understand the precise basis for that determination and facilitate review in this Court.

The Board is also obligated to ensure that VA has complied with its duty to assist claimants in developing their claims.

Authorities Cited

Breeden v. PrincipiBuchanan v. NicholsonBuczynski v. ShinsekiCaluza v. BrownCuevas v. PrincipiGilbert v. DerwinskiHare v. DerwinskiJandreau v. NicholsonLendon v. NicholsonMonzingo v. ShinsekiRodriguez v. PeakeRusso v. BrownSee Ardison v. BrownSee Frankel v. DerwinskiSee Horn v. ShinsekiSee Howard v. GoberSee Tucker v. WestStefl v. NicholsonWashington v. Nicholson

Denial Type

Credibility|Not New Material|Duty To Assist|Inadequate Exam

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