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Long v. Wilkie

33 Vet. App. 167 (2020)

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Long v. Wilkie

United States Court of Appeals for the Federal Circuit
33 Vet. App. 167 (2020)

SH

Facts

Walter G. Long (plaintiff) served in the US Air Force and spent several years repairing air-traffic-control radar and working close to active runways without ear protection. Long filed a claim for service-connected disability for hearing loss. The Department of Veterans Affairs (VA) (defendant) granted Long’s claim but gave him a noncompensable rating. Long appealed and asked that the Board of Veterans’ Appeals (the board) refer the claim for extraschedular consideration, claiming that Long’s hearing loss was causing functional effects not considered by the VA’s rating criteria for hearing-loss disabilities. Long claimed these effects included anxiety, depression, decreased self-esteem, interference with ability to work, ear pain, and speech discrimination. A VA examiner found that Long’s mental-health issues were likely unrelated to hearing loss and that Long did not have a diagnosable disorder recognized by the Diagnostic and Statistics Manual of Mental Disorders, fifth edition (DSM-5). The board denied Long’s claims, concluding that the effects claimed by Long were not unusual for a person with a hearing-loss disability and did not warrant extraschedular consideration. Long appealed.

Rule of Law

Issue

Holding and Reasoning (Toth, J.)

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