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Learn why the BVA denied service connection for a veteran's left ear hearing loss due to lack of a current diagnosis meeting VA criteria. Understand how to prove your claim.
The veteran served on active duty from March 1971 to December 1973. Sadly, the veteran passed away in January 2020, and the veteran's surviving spouse, the appellant, continued the fight for benefits. This case came before the Board of Veterans' Appeals (BVA) after a November 2018 decision from a VA Regional Office (RO). The appellant pursued a wide range of claims, including increased ratings for posttraumatic stress disorder (PTSD), diabetes mellitus type II with erectile dysfunction, and peripheral neuropathy in both lower extremities. The appellant also sought service connection for diabetic retinopathy, left ear hearing loss, right ear hearing loss, tinnitus, and peripheral neuropathy in both upper extremities, along with earlier effective dates for several of these conditions and a total disability rating based on individual unemployability (TDIU). While the BVA granted some benefits, such as a 40 percent rating for peripheral neuropathy in both lower extremities from August 27, 2018, many claims were denied. Specifically, for the purpose of this case study, the BVA denied service connection for left ear hearing loss. This means the Board found that the evidence did not support a direct link between the veteran's military service and a current disability of hearing loss in the left ear. The BVA also denied an initial compensable rating for right ear hearing loss, meaning while service connection might have been established, the severity didn't meet the minimum for compensation. Furthermore, earlier effective dates for both right ear hearing loss and tinnitus were denied, indicating that even for conditions that were service-connected, the start date for benefits was not pushed back as far as the appellant hoped. The core reason for the denial of service connection for left ear hearing loss was a fundamental lack of a current diagnosis that met VA's specific criteria for a compensable disability. The BVA explicitly stated that "The Veteran did not have a diagnosed left ear hearing loss disability for VA compensation purposes." This isn't just about having some hearing trouble; VA regulations (38 C.F.R. § 3.385) define precise thresholds for what constitutes a compensable hearing loss. Without an audiological exam showing the veteran's left ear met these specific decibel or speech recognition scores, the claim could not move forward. This highlights a critical first step in any service connection claim: proving a current, diagnosable disability according to VA's rules.
The key to winning a claim for service connection for left ear hearing loss, especially after a denial like this, lies in addressing the specific reasons for the denial. In this case, the BVA denied service connection because the veteran "did not have a diagnosed left ear hearing loss disability for VA compensation purposes." This means the first and most critical step is to obtain a current, comprehensive audiological examination that clearly demonstrates the veteran's left ear hearing loss meets the specific criteria outlined in VA regulation 38 C.F.R. § 3.385. This regulation defines what constitutes a compensable hearing disability for VA purposes, requiring specific decibel levels at certain frequencies or particular speech recognition scores. Without an exam showing these thresholds are met, the VA cannot legally grant service connection, regardless of how much the veteran feels their hearing is impaired. Therefore, the appellant's winning strategy would involve scheduling an audiological examination with a qualified audiologist. This exam must be thorough, measuring auditory thresholds at 500, 1000, 2000, 3000, and 4000 Hertz, and ideally including speech recognition scores using the Maryland CNC Test. The results must then be compared directly to the criteria in 38 C.F.R. § 3.385. For example, if the auditory threshold in any of the specified frequencies is 40 decibels or greater, or if at least three of the frequencies are 26 decibels or greater, or if speech recognition scores are less than 94 percent, then a compensable disability would be established. The audiologist should clearly state in their report that the veteran meets these criteria for left ear hearing loss. Once a current, VA-compliant diagnosis of left ear hearing loss is established, the next crucial step is to provide a medical opinion, often called a "nexus letter," linking this diagnosed disability to the veteran's military service. This opinion should come from a medical professional, such as an audiologist or an Ear, Nose, and Throat (ENT) specialist, who has reviewed the veteran's service treatment records (STRs) and current medical evidence. The opinion must state that it is "at least as likely as not" that the veteran's current left ear hearing loss was caused by or aggravated by an event, injury, or disease that occurred during their active duty service. This could involve linking the hearing loss to documented noise exposure, specific in-service incidents, or even a lack of baseline hearing tests in service if that makes it harder to rule out an in-service origin. By addressing both the current diagnosis and the service connection link with strong medical evidence, the appellant would significantly improve the chances of a favorable outcome.
For hearing loss claims, a current diagnosis isn't just any hearing problem; it must meet the specific severity thresholds defined by VA regulations to be considered a compensable disability.
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