The Board's May 1957 decision upholding the severance of service connection for defective hearing is overturned due to clear and unmistakable error, as the evidence clearly shows that the veteran's pre-existing hearing loss did not worsen during service.
The deciding factor: The Board failed to apply the presumption of aggravation in its May 1957 decision, which was outcome determinative.
- Claimed conditions
- Defective hearing
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2006
- Citation
- 0605487
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 Board finds that the veteran's defective hearing was incurred in and as a result of service.
- Denied
The Board denied service connection for defective hearing, a chronic dermatological disorder, hypertension, and pes planus with calluses as the evidence did not support a finding that any of these conditions were incurred in or aggravated by active military service.
- Denied
The veteran's claim for a compensable rating for defective hearing was denied, and his claim for service connection for bipolar disorder was also denied.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether plantar fasciitis was aggravated by active duty training.
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