Hearing loss is common among veterans who were exposed to gunfire, aircraft, explosions, heavy equipment, machinery, and other hazardous noise during military service. But even when a veteran has hearing problems and a history of military noise exposure, VA may still deny the disability claim.
Why? A VA hearing loss claim generally needs to establish more than exposure to loud noise. VA must also find that the veteran has a current hearing loss disability that meets its criteria and that the condition is connected to military service.
Understanding why VA denied a hearing loss claim can help identify what may be missing or disputed in the evidence.
Why Does VA Deny Hearing Loss Claims?
VA may deny a hearing loss claim because the veteran’s hearing does not meet VA’s definition of a disability, VA does not find sufficient evidence connecting the hearing loss to military service, or a medical examiner provides an unfavorable opinion about that connection.
The specific reason matters because different types of denials may require different approaches.
Your Hearing Loss Does Not Meet VA’s Disability Criteria
Experiencing difficulty hearing does not necessarily mean a veteran has a hearing loss disability under VA regulations.
VA uses specific audiological criteria under 38 C.F.R. § 3.385. Hearing impairment can qualify as a disability when certain auditory thresholds are met or when speech recognition scores using the Maryland CNC Test fall below the regulatory standard.
This means a veteran may experience noticeable hearing problems but still be denied if the test results do not meet VA’s requirements.
This is different from a claim in which VA recognizes a current hearing loss disability but disputes whether it is related to military service.
VA Does Not Find a Connection to Military Service
A veteran may have hearing loss that meets VA’s disability criteria and still receive a denial if VA does not find a sufficient connection, or nexus, between the condition and military service.
For example, a veteran may have served around aircraft, weapons, or heavy machinery and now have significant hearing loss. VA could accept both facts but determine that the evidence does not establish that the current hearing loss resulted from the veteran’s military noise exposure.
In these cases, the medical evidence and the reasoning behind VA’s decision can become especially important.
Can VA Concede Noise Exposure and Still Deny Hearing Loss?
Yes. VA can concede that a veteran experienced hazardous noise during military service and still deny a hearing loss claim.
Conceding noise exposure addresses the in-service event, but VA must still determine whether the veteran has a current hearing loss disability and whether the evidence connects that disability to military service.
A decision may therefore acknowledge that a veteran was exposed to hazardous military noise but conclude that the current hearing loss is not related to that exposure.
When this happens, veterans should look closely at what VA said about the medical nexus and any C&P examination used to make the decision.
Can VA Deny Hearing Loss Because Your Hearing Was Normal at Separation?
Normal hearing at separation does not necessarily prevent a veteran from establishing service connection for hearing loss later.
In
Hensley v. Brown , the U.S. Court of Appeals for Veterans Claims addressed hearing loss that did not meet VA’s disability requirements at separation. The decision established that a veteran may still establish service connection when the evidence shows that a current hearing disability is causally related to military service. For veterans whose claims involve normal hearing at separation, the complete history may matter, including military noise exposure, changes in hearing over time, audiological testing, and medical evidence addressing the relationship between current hearing loss and service. An Unfavorable C&P Opinion Can Lead to a Denial A Compensation and Pension exam can play a significant role in a VA hearing loss claim. The examination typically includes audiological testing used to determine whether hearing loss meets VA’s disability criteria. The examiner may also provide a medical opinion about whether the veteran’s hearing loss is related to military service. If the examiner concludes that the veteran’s hearing loss is less likely than not related to service, VA may rely heavily on that opinion when denying the claim. However, the conclusion is not the only thing that matters. The examiner’s reasoning may also be important, including whether relevant service records, audiograms, military noise exposure, medical history, and the veteran’s statements were adequately considered. What Should You Look for in a VA Hearing Loss Denial? Before deciding what to do next, identify exactly why VA denied the claim . Review the decision for information about: Whether VA recognizes a current hearing loss disability Whether military noise exposure was conceded Any favorable findings VA made What the C&P examiner concluded What VA said about your entrance and separation hearing tests Whether VA found a connection between your current hearing loss and service What evidence VA considered when making the decision For example, a veteran whose hearing does not meet VA’s disability criteria faces a different issue than a veteran whose military noise exposure and current disability are established but whose claim was denied because of an unfavorable nexus opinion. Identifying the disputed part of the claim can help determine what should happen next. What Can You Do After VA Denies a Hearing Loss Claim? A denial is not necessarily the end of a VA hearing loss claim. Depending on the circumstances, veterans may be able to pursue a Supplemental Claim, Higher-Level Review, or appeal to the Board of Veterans’ Appeals . The appropriate option can depend on why VA denied the claim, whether additional evidence is available, and whether there may have been an error in the previous decision. Stevens & Sullivan Helps Veterans With Denied VA Disability Claims At Stevens & Sullivan, we help veterans navigate VA disability claims and appeals, including cases involving denied service connection. When reviewing a hearing loss denial, our attorneys can examine the VA decision, C&P examination, medical evidence, service records, and other available evidence to identify the issues involved and help determine what options may be available. If you have received an unfavorable VA decision involving hearing loss or another condition, contact Stevens & Sullivan today at 404-467-9017 to schedule a consultation or complete a Free Case Evaluation . Stevens & Sullivan LLC is a veterans disability law firm in Atlanta, Georgia, serving veterans nationwide. Our veteran disability attorneys handle VA disability claims, appeals, and CAVC representation. This content is for informational purposes only and does not constitute legal or medical advice. For guidance specific to your situation, contact us or complete a Free Case Evaluation to speak with our team.
