HEARING LOSS, PRESUMPTION OF SOUNDNESS

McKinney v. McDonald, 28 Vet.App. 15 (Mar. 11, 2016)

HELD: If the degree of hearing loss noted on a veteran’s enlistment medical examination does not meet VA’s definition of “disability” for hearing loss under 38 C.F.R. § 3.385, the veteran is entitled to the presumption of soundness.

The Court also rejected the Secretary’s argument that hearing loss that is not considered a “disability” for VA compensation purposes under § 3.385 should be considered a “defect” and, therefore, ineligible for disability compensation

FULL DECISION