The Board has determined that the total rating termination effectuated by the RO by a rating decision of May 13, 2005, reducing the schedular evaluation for bilateral hearing loss from 100 percent to 10 percent, effective from August 1, 2005, was not undertaken in accordance with or on the basis of consideration and application of the provisions of 38 C.F.R. § 3.343. As a result, the total rating termination is void ab initio and the veteran's entitlement to a 100 percent schedular evaluation for bilateral hearing loss from August 1, 2005, to the present is restored.
The deciding factor: The Board found that the RO did not comply with the requirements of 38 C.F.R. § 3.343 and thus the total rating termination was erroneous as a matter of law.
- Claimed conditions
- bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2009
- Citation
- 0945939
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 0945939.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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