The Board found that the March 1957 rating decision severing service connection for deafness and bilateral mastoiditis was clearly and unmistakably erroneous due to CUE in the February 1953 grant of service connection.
The deciding factor: The original grant of service connection was based on evidence showing pre-service hearing impairment and no aggravation during service, which is not supported by subsequent findings.
- Claimed conditions
- deafness, bilateral mastoiditis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 8, 2004
- Citation
- 0406068
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0406068.
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.
- Dismissed
The appeal is dismissed as moot because the Veteran's past due benefits were already awarded and no fees were withheld or paid, so there are no remaining disputes to be adjudicated.
- Denied
The Board denied the Veteran's claim of service connection for deafness and hearing loss, finding that there was no error in the December 2, 1963 rating decision as the RO did not err in applying the presumption of soundness or in determining that the disabilities were not aggravated by service.
- Remanded (sent back)
The Veteran's TDIU claim is being remanded due to the need for additional VA medical records and completion of a VA Form 21-8940.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance and housebound status due to her service-connected disabilities, including PTSD, sleep apnea, deafness, and tinnitus.
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