CCK Wins Hearing Loss Case On Reconsideration
CCK has obtained a favorable result at the United States Court of Appeals for Veterans Claims for an Army veteran with service-connected bilateral hearing loss. The Court agreed with the Veteran’s attorneys that the Board had erred in denying an increased rating for hearing loss by failing to consider favorable evidence. This case is notable because, at first, the Court disagreed and found that the veteran was not prejudiced by the Board’s error, but CCK filed a motion for reconsideration asking the Court to give the case another look. On reconsideration, the Court recognized that it was legal error for the Board to deny the claim, and that the veteran was in fact harmed by the error. The Court remanded the case in order for the Board to consider this favorable evidence and determine whether a new medical examination was needed.