BVA Case 25005096: Hearing Loss

BVAReal Board of Veterans' Appeals decision · April 15, 2025 · R. Bisignani

Outcome
Denied
Decision Date
April 15, 2025
Judge
R. Bisignani
Service Era
Not specified

Conditions Claimed

Hearing Loss

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 Loss

Why It Was Decided This Way

In the March 2023 decision, the Board found that a clear and unmistakable error had occurred in the assignment of an initial rating of 70 percent disabling for service-connected bilateral hearing loss and determined that a reduction of the rating to 0 percent from July 1, 2017, was proper.

In a May 2024 decision, the Board denied the benefits sought.

The Board must assess the credibility and weight of all the evidence, including the medical evidence, to determine its probative value, accounting for the evidence which it finds to be persuasive or unpersuasive, and providing reasons for rejecting any evidence favorable to the claimant.

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

Specifically, the Board found that the results of the Veteran's audiometry tests at these examinations were unreliable.

In its March 2023 decision, the Board found the July 2016 private audiological examination inadequate, explaining: "[t]he speech recognition test results in this report lacks probative value because the examiner did not specify use of the Maryland CNC test which is a requirement for a hearing impairment examination for VA purposes.

Rather, the Parties agreed that in its May 2024 decision, the Board failed to address whether VA had a duty to: (1) ask the July 2016 private examiner to clarify his/her report, (2) request that the claimant obtain the necessary information to clarify the report, or (3) explain why such clarification was not needed.

While VA has a duty to assist the Veteran by developing her claim, it does not have a duty to pursue her endlessly for information which she might possess which she and her attorney know is needed to resolve her claim.

Authorities Cited

Buczynski v. ShinsekiColvin v. DerwinskiDelrio v. WilkieHayes v. BrownLynch v. McMoore v. NicholsonSavage v. ShinsekiSee Fenderson v. WestSee Forshey v. PrincipiSee Francisco v. BrownSee Golz v. ShinsekiSee Hart v. MansfieldSee Lendenmann v. PrincipiSee Lynch v. McSee Masors v. DerwinskiSee Reonal v. BrownSee Wamhoff v. BrownWood v. DerwinskiWray v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10238 CFR 3.159(d)38 CFR 4.338 CFR 4.738 CFR 4.8538 CFR 4.85 (f)38 CFR 4.8638 USC 115538 USC 510338 USC 5107 (b)

Denial Type

Credibility|Duty To Assist|Inadequate Exam|Cue

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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.