The Board of Veterans' Appeals has determined that the denial of service connection for left ear hearing loss in the September 1971 rating decision was due to clear and unmistakable error, and therefore, service connection is granted.
The deciding factor: The correct facts were not considered or law incorrectly applied in the September 1971 rating decision, leading to an incorrect denial of service connection for left ear hearing loss. The Board found that the increase in severity during service was presumed to be due to aggravation rather than natural progression.
- Claimed conditions
- left ear hearing loss
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 15, 2003
- Citation
- 0316026
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0316026.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
- Remanded (sent back)
The Board has remanded the case for further development and consideration of the Veteran's claims for service connection for right ear hearing loss. The Veteran does not have left ear hearing loss for VA purposes.
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