Long v. McDonough, No. 21-1669 (Fed. Cir. 2022)
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Long served in the Air Force, 1969-1976 and spent most of that time as an air traffic control radar repairman, working without ear protection near active runways. In 2009, Long filed a disability compensation claim for hearing loss and tinnitus. The Department of Veterans Affairs found his hearing loss and tinnitus were service-connected, assigning a 0% disability rating for his hearing loss and a 10% disability rating for his tinnitus according to the schedular rating criteria, 38 C.F.R. 4.85. The Board of Veterans’ Appeals denied his request for an extra-schedular rating. Long had argued that the schedular rating criteria did not capture the functional effects of his hearing loss, including ear pain caused by his hearing aids. The Veterans Court affirmed, finding no direct causal link between Long’s ear pain and his service-connected hearing loss.
The Federal Circuit vacated. A secondary condition is considered service-connected if it is “proximately due to or the result of” a service-connected disability. Direct causation is not required. The court remanded, stating that the Veterans Court engaged in impermissible fact-finding.
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