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VA Benefits Case Remanded for Vet with Hearing Loss

The Court of Appeals for Veterans Claims (CAVC) remanded the veteran’s case because the Board of Veterans Appeals (BVA) failed to discuss all relevant and material evidence in the case. Josh found evidence from medical records in 2015 that suggested the veteran’s hearing worsened sometime before a March 9, 2016, audiological test. The CAVC agreed with Josh’s arguments, and remanded the case to the BVA. The BVA must discuss this germane evidence it previously overlooked. The BVA must also make a ruling on whether a retrospective medical opinion is necessary to determine if the veteran is entitled to a compensable rating for a hearing disability before March 9, 2016.

Read the CAVC’s opinion here.

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