The Board denied the Veteran's claims for revision of the May 1969 and August 1970 rating decisions denying service connection for bilateral hearing loss disability and tinnitus, respectively, on the grounds that there was no clear and unmistakable error in applying the statutory and regulatory provisions at the time.
The deciding factor: The Board found that the AOJ did not incorrectly apply the statutory and regulatory provisions when denying the claims for CUE. The denial of service connection was based on the absence of current disabilities, which were determined to be present due to a lack of evidence showing hearing loss or tinnitus at the time of the rating decisions.
- Claimed conditions
- bilateral hearing loss disability, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 19, 2022
- Citation
- 22047207
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 22047207.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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