Case 23014078: Hearing Loss

DecisionVeterans-appeals decision document (court public records) · March 8, 2023 · REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Outcome
Denied / Remanded / Granted
Decision Date
March 8, 2023
Judge
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Service Era
Not specified

Conditions Claimed

Hearing LossTinnitusHipEye

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

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)
RatingMonthly (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
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Issues on Appeal

Hearing LossTinnitusHipEye

Why It Was Decided This Way

A grant for service connection for a disability requires: (1) a present disability or persistent or recurrent symptoms of a disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship ("nexus") between the present disability and the in-service event, injury, or disease.

Competency of evidence differs from weight and credibility.

Competency is a legal concept determining whether testimony may be heard and considered by the trier of fact, while credibility is a factual determination going to the probative value of the evidence to be made after the evidence has been admitted.

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant.

The Board acknowledges its heightened duty "to consider the applicability of the benefit of the doubt rule, to assist the claimant in developing the claim, and to explain its decision" when service treatment records are lost or missing.

Therefore, the benefit of the doubt doctrine is not for application and service connection for tinnitus and bilateral hearing disorders are not warranted.

2021) (en banc) (only when the evidence persuasively favors one side or another is the benefit of the doubt doctrine not for application) REASONS FOR REMAND 1.

The VA has a duty to assist a claimant in "providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.

Authorities Cited

Ardison v. BrownHensley v. BrownJandreau v. NicholsonLynch v. McRodriguez v. PeakeRucker v. BrownRusso v. BrownSee Acevedo v. ShinsekiSee Cromer v. NicholsonSee Layno v. BrownStefl v. NicholsonWalker v. Shinseki

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.15938 CFR 3.30338 CFR 3.303(a)38 CFR 3.303(b)38 CFR 3.303(d)38 CFR 3.307(a)(3)38 CFR 3.309(a)38 CFR 3.385 (2019)38 USC 111038 USC 510338 USC 5107(b)

Denial Type

Credibility|No Nexus|Duty To Assist

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.