CAVC Case 19-2253: Hearing Loss
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2018-12-17 · SCHOELEN
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.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 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 |
Conditions Claimed
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Issues on Appeal
Service ConnectionEffective DateReopenHearing Loss
Why It Was Decided This Way
In March 2011,the VA regional office (RO) denied the claims for a skin condition and bilateral hearing loss, finding that they were not service connected.
In April 2015,the RO denied entitlement to service connection for bilateral hearing loss and declined to reopen the appellant's skin condition claim for failure to submit new and material evidence.
On December 17,2018, the Board denied the appellant's request to reopen his skin condition claim because evidence received since the March 2011 rating decision did not suggest a nexus relationship between the appellant's skin condition and his military service.
It further concluded that the March 2011 rating decision became final because the appellant did not appeal or submit new and material evidence within one year.
The Board also denied his bilateral hearing loss claim,again finding no evidence of a nexus between the appellant � s current hearing condition and his military service.
156(b) When a claimant submits new evidence during the appeal period before a VA decision becomes final,the claim remains pending until the Secretary determines whether such evidence is new and material.
When evidence is received during the appeal period, VA must provide a determination that is directly responsive to the new submission and [determine whether it constitutes new and material evidence]and that,until it does so,the claim at issue remains open.
However,once a VA decision is final,a claimant must submit new and material evidence in order to reopen the previously denied claim.
Authorities Cited
Denial Type
No Nexus|Not Service Connected|Not New Material|Duty To Assist|Inadequate Exam
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