The Board denied the Veteran's claims for CUE in the August 2009 rating decision denying service connection for bilateral hearing loss and for an effective date earlier than September 26, 2008, for a separate 100 percent rating for obstructive-restrictive lung disease. The Board found no clear and unmistakable error in either decision.
The deciding factor: The evidence did not demonstrate that the correct facts were not before the RO at the time of the decisions or that the statutory or regulatory provisions extant at the time were incorrectly applied, nor was there an undebatable error that would have manifestly changed the outcome of the decisions.
- Claimed conditions
- Bilateral Hearing Loss, Obstructive-Restrictive Lung Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2016
- Citation
- 1640489
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 1640489.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
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