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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0803609.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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