The Board has determined that there was clear and unmistakable error in the January 1971 rating decision denying service connection for hearing loss. The correct facts, as they were known at the time, were not before the adjudicator, leading to a denial of service connection based on CUE. Service connection is now granted from November 3, 1970.
The deciding factor: The Board found that the January 1971 rating decision did not consider the significant shift in auditory thresholds documented at the Veteran's separation examination and the subsequent VA examination, which indicated hearing impairment prior to discharge. This error changed the outcome of the decision.
- Claimed conditions
- Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2020
- Citation
- 20067739
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
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