CAVC Case 20-2118: Hearing Loss
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-02-04 · MEREDITH, 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.
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
Hearing LossTinnitusShoulderAnkleGITDIURadiculopathy
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Issues on Appeal
Service ConnectionEffective DateIncreased RatingHearing Loss
Why It Was Decided This Way
VA also obtained a thyroid examination;the VA examiner noted that the appellant was diagnosed with hypothyroidism in 2009 and opined that the condition was not related to the nonsteroidal anti-inflammatory drugs (NSAIDs)the appellant took for his right hand condition.
Service Connection Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.
Whether the record establishes entitlement to service connection is a finding of fact,which the Court reviews under the clearly erroneous standard of review.
A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.
As with any material issue of fact or law,the Board must provide a statement of the reasons or bases for its determination adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.
Right Foot Achilles Tendonitis Here,the Board noted that the appellant was diagnosed with Achilles tendonitis during service and acknowledged his assertions that he had recurrent foot and ankle problems since an in-service marching injury.
Further,the Board found that the appellant is not competent to self-diagnose Achilles tendonitis or distinguish that condition from his other foot and ankle disabilities stemming from the same injury.
Accordingly,the Board determined that the appellant does not have a current right foot Achilles tendonitis diagnosis and therefore denied the claim for benefits for that condition.
Authorities Cited
Denial Type
No Nexus|Cue|Rating Criteria
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