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Single Judge Application; Hensley prohibits the Board from denying service connection for hearing loss solely because the audiometric test results did not constitute a disability under § 3.385 during service. 5 Vet.App. 155, 160 (1993); Hensley does not prohibit examiners from discussing in-service audiometric test results or relying on audiometric results that reveal normal hearing to form their opinion if they also consider other factors. Id.;

[ad_1] Single Judge Application; Hensley prohibits the Board from denying service connection for hearing loss solely because the audiometric…

2 years ago

Single Judge Application; hearing loss effective date; Swain v. McDonald, 27 Vet.App. 219 (2015); in Swain v. McDonald the Court explained that 38 C.F.R. § 4.85 does not govern the effective date for hearing loss ratings. See 27 Vet.App. at 224-25. The Court held that the effective date for hearing loss may be earlier than the date of an audiometric test that satisfies the criteria under 38 C.F.R. § 4.85, and that, “unless otherwise specifically noted in the statute or regulation, [38 U.S.C. § 5110(b)(3)] and [38 C.F.R.] § 3.400 govern the effective date for disability benefits claims.” Id. at 225. The Board noted some of Mr. Garcia’s statements about his worsening hearing loss before 2019, but the Board denied entitlement to a compensable rating before June 11, 2019, seemingly because the record did not contain any other “audiometric testing results during this portion of the appeal period which comply with 38 C.F.R. § 4.85 for rating purposes.” R. at 11.; » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] Single Judge Application; hearing loss effective date; Swain v. McDonald, 27 Vet.App. 219 (2015); in Swain v. McDonald…

3 years ago

test post » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] For Dependent Spouses, Children and Parents of deceased Veterans VA service representatives can answer questions about benefits eligibility and…

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Sleep Apnea test notes » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] For Dependent Spouses, Children and Parents of deceased Veterans VA service representatives can answer questions about benefits eligibility and…

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The Crucible: The Final Test on the Path to Becoming a Marine

[ad_1] Every Marine knows and remembers the grueling challenge that they all had to go through at the end of…

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test post 2021

[ad_1] Application System Tracking Post The post test post 2021 appeared first on Veterans Matter. [ad_2] Source link

3 years ago