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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
DONALD W. VIPPERMAN, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before DAVIS, Senior Judge.1
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
DAVIS, Senior Judge: U.S. Navy veteran Donald W. Vipperman appeals through counsel
a June 3, 2019, Board of Veterans’ Appeals (Board) decision that denied entitlement to service connection for bilateral hearing loss and tinnitus.2 Because the Board failed to provide adequate reasons or bases for denying service connection for bilateral hearing loss and the issues of hearing loss and tinnitus are inextricably intertwined, the Court will set aside the June 2019 decision and remand the matters for further proceedings consistent with this opinion.
The Court reviews the Board’s determination that Mr. Vipperman was not entitled to
service connection under the “clearly erroneous” standard of review.3 A finding of fact is “clearly erroneous” when the Court, after reviewing the entire evidence, “is left with the definite and firm
1 Judge Davis is a Senior Judge acting in recall status. In re Recall of Retired Judge, U.S. VET. APP. MISC.
ORDER 03-20 (Jan. 2, 2020).
2 Record (R.) at 5-12.
3 Hayes v. Brown, 9 Vet.App. 67, 72 (1996).
conviction that a mistake has been committed.”4 As with any finding on a material issue of fact or
law, the Board must support its determination with an adequate statement of reasons or bases that
enables a claimant to understand the precise basis for its decision and facilitates review in this
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Single Judge Application; hearing loss; tinnitus; Institute of Medicine (IOM) report; "[t]here is not sufficient evidence . . . to determine whether permanent noise-induced hearing loss can develop later in one's lifetime, long after the cessation of that noise exposure," and explained that "definitive studies to address this issue have not been performed."; McCray, 31 Vet.App. at 257 (finding remand necessary when the Board did not address the IOM report's contradictory findings regarding delayed-onset hearing loss);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-6721DONALD W. VIPPERMAN, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before DAVIS, Senior Judge.1MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. DAVIS, Senior Judge: U.S. Navy veteran Donald W.