The Board found that the reduction in disability rating for bilateral hearing loss from 50% to 40% was proper, as there was actual improvement demonstrated by a contemporaneous VA examination. The reduction of the lumbar spine disability rating from 40% to 20% was not proper due to lack of evidence showing sustained material improvement under ordinary conditions of life and work.
The deciding factor: The RO failed to provide sufficient evidence demonstrating that there had been actual improvement in the Veteran's ability to function under ordinary conditions of daily life for his lumbar spine disability, which is required by regulation for a reduction in rating.
- Claimed conditions
- Bilateral Hearing Loss, Lumbosacral Strain with Degenerative Arthritis of the Spine and Intervertebral Disc Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 18, 2022
- Citation
- A22023413
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 A22023413.
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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