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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
VICTOR B. PECKINPAUG, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before GREENE, Senior Judge.1
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
GREENE, Senior Judge: The appellant, Victor B. Peckinpaug, through counsel, appeals a
December 31, 2018, Board of Veterans’ Appeals (Board) decision that denied his claim for service
connection for bilateral hearing loss. Record (R.) at 5-12. This appeal is timely, and the Court has
jurisdiction to review the Board’s decision pursuant to 38 U.S.C. § 7252(a). Single-judge
disposition is appropriate. See Frankel v. Derwinski, 1 Vet.App. 23, 25-26 (1990). For the
following reasons, the Court will vacate the Board’s decision and remand the matter for
Mr. Peckinpaug served honorably on active duty in the U.S. Navy from April 1961 to
September 1963. R. at 1220. His military occupational specialty was airman apprentice and he also
served as an airplane mechanic. Id.
After a July 2009 VA examination revealed mild to moderately severe bilateral
sensorineural hearing loss, R. at 1913-14, 2073, Mr. Peckinpaug sought service connection for
1 Judge Greene is a Senior Judge acting in recall status. In re: Recall of Retired Judge, U.S. VET. APP. MISC.
ORDER 01-20 (Jan. 2, 2020).
hearing loss and tinnitus, R. at 2094-97. He underwent a VA compensation and pension (C&P)
examination in August 2012. R. at 1882-90. The examiner found that it was at least as likely as
not that Mr. Peckinpaug’s tinnitus was caused by noise exposure in service, R. at 1889, but that his
hearing loss was
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Single Judge Application; Miller v. Wilkie, 32 Vet.App. 249, 260 (2020), that when, as here, an "examiner fails to address the veteran's lay evidence, and the Board fails to find the veteran not credible or not competent to offer that lay evidence, the proper remedy is for VA to obtain a new examination.";
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-1369VICTOR B. PECKINPAUG, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before GREENE, Senior Judge.1MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.GREENE, Senior Judge: The appellant, Victor B.