Alan R. Swain v. Robert A. McDonald

KASOLD, Chief Judge:

Veteran Alan R. Swain appeals through counsel a December 6, 2013, Board of Veterans’ Appeals (Board) decision that denied a compensable disability rating prior to June 12, 2013, for his service-connected bilateral hearing loss. Mr. Swain argues that the Board incorrectly interpreted the requirement in 38 C.F.R. § 4.85(a) (2013) that an examination for hearing impairment “must include a controlled speech discrimination test (Maryland CNC)” to mean that the effective date of a claim for an increased disability rating could be no earlier than the date on which the veteran…