BVA Case 24030288: Hearing Loss
BVAReal Board of Veterans' Appeals decision · September 13, 2024 · Vito A. Clementi
Conditions Claimed
Hearing LossTinnitusHipHeartEye
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 |
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Issues on Appeal
Hearing LossTinnitusHipHeartEye
Why It Was Decided This Way
The Board must analyze the competency and credibility of the evidence, account for the evidence which it finds to be persuasive or unpersuasive and provide the reasons for its rejection of any material favorable to the claimant.
Credibility is a factual determination - it involves deciding whether the testimony or other evidence is believable, and the determination is made after the evidence has been found competent.
When there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant.
At a January 2024 VA medical examination, the examiner diagnosed the Veteran with bilateral sensorineural hearing loss and opined the Veteran's hearing loss disability was less likely than not related to any credible military noise exposure.
However, while the Veteran has attempted to establish a nexus through his own lay assertions, the Veteran is not competent to offer an opinion as to the cause of his current bilateral hearing loss disability.
) Thus, the Veteran is not competent to provide such a nexus opinion and attempts to present lay assertions to establish a nexus between his current hearing loss disability and an eligible period of National Guard service are given no probative weight.
The evidence was not in approximate balance and therefore the benefit of the doubt rule does not apply.
The examiner opined the Veteran's current tinnitus was less likely than not related to military noise exposure because the Veteran's description of his tinnitus was more consistent with transient head noises than tinnitus because it occurred once a week for a few seconds.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus
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