CAVC Case 21-4626: Hearing Loss
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-05-04 · MOORMAN
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 LossHeadacheDiabetesRadiculopathy
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Issues on Appeal
Service ConnectionHearing Loss
Why It Was Decided This Way
The appellant's conditions were not related to either his chemical exposure or service in any way because carpal tunnel has nothing to do with external occupational exposures.
The appellant's right carpal tunnel syndrome was not related to his exposure to herbicides or other cleaning solutions during service.
In the May 2021,decision here on appeal,the Board found that (1) the appellant.
ANALYSIS 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.
Continuity of symptomatology is established if a claimant demonstrates (1) a condition noted during service,(2) evidence of postservice continuity of the same symptoms,and (3)medical or,in certain circumstances,lay evidence of a nexus between the present disability and the postservice symptoms.
Whether the record establishes entitlement to service connection is a finding of fact,which the Court reviews under the clearly erroneous standard.
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 that is adequate to enable a claimant to understand the precise basis 4 for the Board's decision,as well as to facilitate review in this Court.
Authorities Cited
Denial Type
Credibility|No Nexus|Duty To Assist
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