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Board provided inadequate reasons for finding reduction of bilateral hearing loss rating to be proper

Board provided inadequate reasons for finding reduction of bilateral hearing loss rating to be proper

CCK successfully appealed the Board’s decision that found the Veteran’s disability evaluation for bilateral hearing loss was properly reduced from 70% to 40%.  The Court set aside the portion of the Board’s decision regarding the propriety of this reduction, and remanded the matter for readjudication.

Court finds that the Board’s reasons indicate Veteran’s bilateral hearing loss did not improve

Specifically, the Court concluded that the Board’s explanation was inconsistent.  On one hand, the Board explained that the Veteran’s hearing under the ordinary conditions of life and work had improved.  On the other hand, it found that the perceived impact of his hearing loss had remained consistent over time.  Thus, the Court noted, the Board’s reasons for its decision actually suggest that the Veteran’s hearing remained static or at the very least, did not improve.

To read the Court’s decision, click here.

Category: Veterans Law, Case Wins

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