The Board has determined that the October 1970 rating decision denying service connection for a left ear disability was the product of clear and unmistakable error, and has granted service connection.
The deciding factor: The Court found that the October 1970 RO decision incorrectly applied the applicable statutory and regulatory provisions existing at the time, leading to CUE.
- Claimed conditions
- left ear disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2008
- Citation
- 0803609
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 0803609.
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 Board denied the veteran's claims for a higher rating for tinnitus and service connection for left ear, right ear, and hematospermia disabilities.
- Partly granted
The Board granted service connection for a right elbow disability and a right hand disability (carpal and cubital tunnel syndromes) but denied service connection for a left shoulder disability, a left finger disability, and a left ear disability.
- Denied
The Board denied service connection for a traumatic brain injury, left ear disability, right shoulder disability, and respiratory disability as there was no evidence of current disabilities or that these conditions were incurred in or caused by service. The claim for a neck disability was remanded.
- Denied
The Board denied service connection for multiple conditions, including acute sinusitis, cervical spine strain, and various musculoskeletal injuries, as the evidence did not support a finding that these conditions began during active service or are otherwise related to an in-service injury.
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