The Board has restored the Veteran's 90 percent rating for bilateral hearing loss, effective September 1, 2020, as the reduction was improper due to lack of evidence showing actual improvement in the disability under ordinary conditions of life and work.
The deciding factor: VA failed to demonstrate material improvement in the Veteran’s bilateral hearing loss that would be maintained under ordinary conditions of life and work at the time of the reduction from 90 percent to 50 percent.
- Claimed conditions
- Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- October 27, 2020
- Citation
- A20016132
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.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.