The reduction of the rating for bilateral hearing loss from 40% to 0% was not proper, and the 40% rating is restored.,The reduction of the rating for right knee instability from 10% to 0% was not proper, and the 10% rating is restored.,The reduction of the rating for painful left calf scar from 10% to 0% was not proper.
The deciding factor: There was no actual improvement in the Veteran's ability to function under ordinary conditions of life and work, as evidenced by post-reduction medical evidence showing no material improvement in his bilateral hearing loss disability.,The December 2015 VA examination is inconsistent and inadequate to use as a basis for reduction. The examiner found that the Veteran exhibited right knee instability but also opined that his knees were not stable enough to get in and out of the truck, which led him to retire.,There was no actual improvement in the Veteran's painful left calf scar disability, as evidenced by post-reduction medical evidence showing no material improvement.
- Claimed conditions
- Bilateral Hearing Loss, Right Knee Instability, Painful Left Calf Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2022
- Citation
- 22018552
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 22018552.
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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 Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
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