The Board has determined that the December 1961 rating action reducing the schedular disability evaluation for hearing loss disability from 10 percent to non-compensable level was based on clear and unmistakable error (CUE).
The deciding factor: The decision is based on CUE in the reduction of the schedular disability rating due to a change in the rating criteria rather than any improvement in the disability.
- Claimed conditions
- hearing loss disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 13, 2005
- Citation
- 0515887
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 0515887.
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.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the Veteran had a current hearing loss disability, PTSD, and right knee disability but remanded for further examination to determine their etiology.
- Remanded (sent back)
The Board has denied the Veteran's request for an effective date prior to April 29, 2021 for the grant of service connection for a hearing loss disability. The remaining issues on appeal have been remanded due to procedural errors and need further examination.
- Denied
The Board denied the Veteran's claim for service connection for a hearing loss disability, finding that there is no current evidence of a hearing loss disability and thus not meeting one of the three elements required for service connection.
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