Swain v. McDonald, 27 Vet.App. 219
(Jan. 8, 2015)
HEARING LOSS
EFFECTIVE DATES; 38 C.F.R. § 4.85
Held: 38 C.F.R. § 4.85 does not govern the
assignment of effective dates for hearing loss ratings and does not require a
Maryland CNC test to establish entitlement to an earlier effective date. Instead,
the effective date is the earliest date that it is ascertainable that the
claimant had a compensable hearing loss disability.
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