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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Remanded (sent back)
The Board remands the claim for service connection of left ear hearing loss due to a pre-decisional duty to assist error, as an addendum opinion is necessary to address evidence of in-service hearing loss and convert audiometric testing results from ASA to ISO-ANSI standards.
- Remanded (sent back)
The Board remands the claim for service connection for left ear hearing loss to obtain an adequate VA opinion addressing the hearing loss demonstrated on the September 1968 and July 1974 examination, under both ASA and ISO-ANSI standards.
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