The Board has determined that the September 1986 and November 1999 decisions denying service connection for left ear hearing loss, as well as the August 1999 decision denying service connection for hip disability, did not contain clear and unmistakable error (CUE). However, the September 1986 decision to deny service connection for knee disability contained CUE. As a result, the Board has reversed the denial of service connection for knee disability.
The deciding factor: The evidence showed that the Veteran's arthritis of the knees was incurred in service and not pre-existing as previously determined by the RO.
- Claimed conditions
- left ear hearing loss, hip disability, knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- October 15, 2014
- Citation
- 1445549
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 1445549.
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 Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Dismissed
The Board dismissed the Veteran's appeals for service connection of sleep apnea, left lower extremity (LLE) sciatic nerve radiculopathy, and right ear hearing loss due to untimely filing.,The Board also dismissed the appeal for service connection of left ear hearing loss as moot because it was already granted in a prior decision.
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