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Palczewski v. Nicholson

21 Vet. App. 174 (2007)

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Palczewski v. Nicholson

United States Court of Appeals for the Federal Circuit
21 Vet. App. 174 (2007)

SH

Facts

Stanley J. Palczewski (plaintiff) served in the US Army. Palczewski’s enlistment medical-examination report showed no hearing loss. Palczewski’s separation medical examination was mostly normal but showed some high-frequency hearing loss. Palczewski filed an application for service-connected disability for hearing loss with the Department of Veterans Affairs (VA) (defendant). A subsequent VA examination found that Palczewski’s hearing was normal, except for mild hearing loss at 6,000 Hz in one ear. The VA regional office denied Palczewski’s application, and Palczewski appealed to the Board of Veterans’ Appeals (the board). The board also denied entitlement, stating that although the tests had shown minor hearing loss, the hearing loss did not measure at the levels required to qualify as a disability under the threshold defined in the relevant statute. Palczewski appealed, claiming that because the board’s decision had been issued more than 50 months after the most recent VA medical examination, the VA had not provided Palczewski with a thorough and contemporaneous medical examination and therefore had not fulfilled the VA’s duty to assist him as an applicant for VA disability benefits. Palczewski did not provide any evidence that Palczewski’s hearing had worsened since the most recent examination.

Rule of Law

Issue

Holding and Reasoning (Hagel, J.)

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