How to Challenge a Denied VA Hearing Loss Claim

If VA denied your hearing loss claim, you may have options for challenging the decision. The right approach often depends on why the claim was denied, what evidence VA considered, and whether additional evidence is available.

Under VA’s modernized decision-review system, veterans generally have three options for challenging a disability decision: a Supplemental Claim, Higher-Level Review, or Board Appeal.

Before choosing one, it is important to understand what each option does and how it relates to the specific problem with your hearing loss claim.

What Should You Do After a VA Hearing Loss Denial?

Start by reviewing the VA decision carefully.

A hearing loss claim could be denied because VA determined that the veteran does not have a qualifying current disability, did not establish the necessary connection to military service, or received an unfavorable medical opinion.

The decision may also contain favorable findings. For example, VA could concede hazardous military noise exposure and recognize a current hearing loss disability but deny the claim because it does not find a nexus between the two.

Understanding the reason for the denial can help determine whether you need additional evidence or believe VA made an error based on evidence already in the record.

Can You File a Supplemental Claim for Hearing Loss?

Yes. A Supplemental Claim may be an option when you have new and relevant evidence related to your denied hearing loss claim.

New evidence is evidence that was not previously part of the record, while relevant evidence is information that tends to prove or disprove an issue in the claim.

For a hearing loss claim, potentially relevant evidence could include additional medical records, audiological evidence, service records, or a medical opinion addressing an issue VA identified in its denial.

The important question is not simply whether the evidence is new. It should also address an issue relevant to the claim.

For example, if VA already recognizes a current hearing disability and military noise exposure but denies the claim because it finds no nexus, additional evidence addressing that relationship may be particularly important.

When Can Higher-Level Review Be Used for a Hearing Loss Denial?

Higher-Level Review may be an option when a veteran believes VA made an error in the previous decision based on the evidence already available.

A more senior VA reviewer evaluates the decision, but new evidence cannot generally be submitted during Higher-Level Review.

Veterans can also request an informal conference to identify factual or legal errors they believe occurred in the previous decision.

This distinction is important. If the hearing loss claim needs additional evidence to address the reason for denial, a review process that does not allow new evidence may not accomplish that goal.

Can You Appeal a Hearing Loss Denial to the Board of Veterans’ Appeals?

Yes. Veterans can appeal a VA disability decision to the Board of Veterans’ Appeals, where the case is reviewed by a Veterans Law Judge.

Board appeals include different review options depending on whether the veteran wants the Board to consider the existing record, additional evidence, or a hearing.

The appropriate review path depends on the circumstances and history of the individual claim.

What Evidence Can Help Challenge a Hearing Loss Denial?

The most useful evidence depends on why VA denied the claim.

Depending on the circumstances, relevant evidence may include:

• Service treatment or personnel records
• Evidence of hazardous military noise exposure
• Audiograms from during or after military service
• VA or private medical records
• Medical opinions addressing the relationship between hearing loss and service
• Statements describing the onset and progression of hearing problems
• Evidence showing changes in hearing over time
• Evidence addressing post-service occupational or recreational noise exposure

Submitting additional evidence simply because it relates to hearing loss may not resolve the problem. Evidence that directly addresses VA’s reason for denial may be more useful.

What If the Hearing Loss C&P Exam Was Unfavorable?

A negative C&P opinion is a common issue in denied hearing loss claims.

If VA relied on an examiner’s opinion to deny the claim, it may be important to review why the examiner concluded that the hearing loss was not related to military service.

Questions may arise about whether the examiner adequately considered the veteran’s service history, documented noise exposure, relevant audiograms, statements about the onset of hearing difficulties, or other medical evidence.

If you believe VA relied on an inadequate examination or medical opinion, the appropriate method for challenging the decision will depend on the specific circumstances.

How Long Do You Have to Challenge a VA Hearing Loss Denial?

For many VA disability decisions under the modernized review system, veterans generally have one year from the date of the decision notice to pursue a review option if they want to maintain continuous pursuit of the claim.

Continuous pursuit can be important because it may affect the effective date if the claim is eventually granted.

Veterans should carefully review the date and instructions included with their individual VA decision rather than assuming a deadline.

Can a Successful Hearing Loss Appeal Result in Back Pay?

Yes, a successful challenge to a denied hearing loss claim may result in retroactive VA disability compensation.

The amount of back pay depends on factors such as the effective date VA assigns, the disability rating awarded, applicable compensation rates, and the procedural history of the claim.

Timely pursuit of a denied claim can be particularly important when determining whether an earlier effective date may be preserved.

For more information about compensation and ratings, read our guide to VA Disability for Hearing Loss Ratings, Claims and Back Pay.

Should You Get Help Challenging a VA Hearing Loss Denial?

Choosing between a Supplemental Claim, Higher-Level Review, and Board Appeal is not simply a matter of selecting one of three forms. The reason VA denied the claim and the evidence available can affect which approach makes sense.

A veteran may want to have the decision reviewed when:

• VA conceded military noise exposure but denied a nexus
• VA relied on an unfavorable C&P opinion
• The examiner focused on normal hearing at separation
• Relevant evidence appears to have been overlooked
• Additional evidence may address the reason for denial
• The veteran believes VA made a factual or legal error

Reviewing the denial first can help identify the issue that needs to be addressed before choosing a path forward.

Stevens & Sullivan Helps Veterans Challenge VA Disability Denials

At Stevens & Sullivan, we represent veterans in VA disability claims and appeals, including cases involving denied hearing loss claims.

Our attorneys can review the VA decision, medical opinions, C&P examination, service records, and other evidence to help determine why the claim was denied and what review 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.