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Rule 715. Loss of hearing recordings or transcripts—request for new hearing.

§ 20.715. Rule 715. Loss of hearing recordings or transcripts—request for new hearing. (a) Notification. (1) The Board must notify the appellant and his or her representative in writing in the event the Board discovers that a Board hearing has not been recorded in whole or in part due to…

Conditions of the Auditory System

2. Hearing Loss This topic contains general information about hearing loss, including · sympathetic reading of hearing loss claims · regulatory definition of impaired hearing · changes in audiological testing methods · applying past versions of hearing loss criteria · handling changed criteria…

Examination Sufficiency for Specific Disabilities

IV.i.3.B.1.c. Hearing Loss and Tinnitus Examination Report Review A hearing loss and tinnitus examination report may be considered insufficient if an opinion was requested but is not provided in the report. Unusual circumstances may arise during the examination, requiring the examiner to *…

Evaluating Disabilities

does not demonstrate that the symptomatology consistently associated with the service-connected bilateral hearing loss supports an increased evaluation on a schedular or extra-schedular basis for any time period._ RECOMMENDATION: **[Provide a recommendation, to include an effective date, if…

Determining the Issues

was also diagnosed during the VA audiology examination. _Result_ : In view of the evidence, the expressly claimed issue of SC for hearing loss and earaches must be sympathetically read as encompassing the diagnosed disability hyperacusis. Decreased sound tolerance (hyperacusis) reasonably falls…

Schedule of ratings—ear.

| | Rating | | --- | --- | | 6200 Chronic suppurative otitis media, mastoiditis, or cholesteatoma (or any combination): | | | During suppuration, or with aural polyps | 10 | | Note: Evaluate hearing impairment, and complications such as labyrinthitis, tinnitus, facial nerve paralysis, or bone loss…

General Criteria for Sufficiency of Examination Reports

IV.i.3.A.1.k. Qualification Requirements of Examiners –Hearing Loss and Tinnitus Hearing loss examinations must be completed by a state-licensed audiologist. If only a tinnitus examination is being requested, the examination may be conducted by either an audiologist or non-audiologist…

Special Monthly Compensation (SMC)

VIII.iv.4.A.5.k. SMC for Bilateral Blindness With Bilateral Hearing Loss Considered 30-Percent Disabling A Veteran is entitled to an additional full step in the level of SMC, not to exceed that provided by [38 U.S.C. 1114(o)](<https://www.law.cornell.edu/uscode/text/38/1114>) and [38 CFR…

Examination Requests Overview

IV.i.2.A.7.h. Medical Opinions and the Hearing Loss and Tinnitus DBQ The DBQ for hearing loss and tinnitus contains specific sections for etiology opinions. However, examiners generally are not expected to provide unsolicited medical opinions, and in some types of hearing loss and tinnitus…

Special monthly compensation ratings.

(i) Anatomical loss of both arms so near the shoulder as to prevent use of a prosthetic appliance; (ii) Conditions entitling to two or more of the rates (no condition being considered twice) provided in 38 U.S.C. 1114(l) through (n); (iii) Bilateral deafness rated at 60 percent or more disabling…

Effective Dates

V.ii.4.A.1.g. Effective Date Associated With Sympathetic Reading or a Within Scope Determination The effective date of a grant of SC for any disabilities arising from the sympathetic reading of a claim, or finding a disability within the scope of a different claimed disability, is governed by…

History of Special Monthly Compensation (SMC)

VIII.iv.4.B.6.f. SMC Under PL 98-223 _PL 98-223_ , effective October 1, 1983, provided for payment of SMC under [38 U.S.C. 1114(o)](<http://www.law.cornell.edu/uscode/text/38/1114>) to include bilateral blindness, having LPO or less, with · SC total deafness in one ear, or · bilateral hearing…

Duty to Assist With Providing a Medical Examination or Opinion

· The evidentiary standards for requesting the PTSD and hearing loss examinations have been satisfied on the basis of the lay report of symptoms, combat service, and a plausible nexus. Request the PTSD examination, but wait until the STRs are received before requesting the audio examination…

Relevance Determinations

Analysis: Since it is highly unlikely that retrieval of the records for liver failure would provide a nexus between the Veteran’s hearing loss and his cause of death, nor likely to aid in substantiating the SC death claim, these records are not relevant _unless_ the surviving spouse provides a…

System Updates at Intake

Exception: If the periods of service are concurrent with the receipt of VA benefits and the Veteran’s eligibility to benefits is impacted, then all periods impacting payment of benefits must be verified and entered into VBMS. References: For more information on · updating service in VBMS…

Examinations in Special Situations

References: For more information on · conditions that are legally ineligible for SC, see · [38 CFR 4.9](<https://www.ecfr.gov/current/title-38/section-4.9>) · [38 CFR 3.303(c)](<https://www.ecfr.gov/current/title-38/section-3.303>), and · [38 CFR…

Rule 713. Recording of hearing by appellant or representative.

§ 20.713. Rule 713. Recording of hearing by appellant or representative. An appellant or representative may record the hearing with his or her own equipment. Filming, videotaping or televising the hearing may only be authorized when prior written consent is obtained from all appellants and…

Rule 706. Designation of Member or Members to conduct the hearing.

§ 20.706. Rule 706. Designation of Member or Members to conduct the hearing. Hearings will be conducted by a Member or panel of Members of the Board. Where a proceeding has been assigned to a panel, the Chairman, or the Chairman's designee, shall designate one of the Members as the presiding…

Special consideration for paired organs and extremities.

(2) With respect to the disability combinations specified in paragraphs (a)(1), (a)(2), (a)(3) and (a)(5) of this section, the provisions of this paragraph apply only to awards of increased compensation made on or after October 28, 1986. (c) Social security and workers' compensation. Benefits…

Evidentiary Standards for Finding an Examination or Opinion Necessary

IV.i.1.B.1.b. Current Disability or Symptoms Element 1 : The first element, found in [38 CFR 3.159(c)(4)(i)_(A_)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=f22875bb0218c30077b243a4e74103e5&mc=true&node=se38.1.3_1159&rgn=div8>), that must be met before an examination is necessary under the…