⚖ Oral Arguments, with Context

The Federal Circuit hears a veteran's challenge to the denial of benefits for claimed ear-drum injuries and hearing loss. Surratt links those problems to injuries during military service. A 2022 physical examination found that his ear drums appeared normal, but hearing testing could not be performed because he was incarcerated. The Board of Veterans' Appeals denied his claim because it found that he had not shown a current ear or hearing-loss disability qualifying for benefits. The Veterans Court upheld that decision, saying the absence of a current disability made the combat presumption unnecessary. That rule eases the proof of injuries or diseases incurred in combat when official records may be missing. Surratt's lawyer will argue that the Board should first consider his own account to decide whether he developed a hearing disability during service, then determine whether it continued to the present. He will ask for the case to be sent back for those findings. The government's lawyer will argue that the combat rule does not remove the separate requirement to show a current qualifying disability, and that the Board already considered Surratt's statements alongside the medical record. Listen for the distinction between what the law allows a veteran's own account to establish and how the Board weighs the evidence in this particular claim.

Surratt v. Collins (No. 25-1545) — U.S. Court of Appeals for the Federal Circuit, argued November 6, 2026.