CCK Successfully Appeals Board Decision to Deny Veteran Increased Rating on an Extraschedular Basis for Bilateral Hearing Loss
Board Decision Denies Increased Rating by Stating that Veteran’s Hearing Loss was Properly Compensated by his Non-Compensable Schedular Rating
CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran entitlement to an increased rating for bilateral hearing loss on an extraschedular basis. The Board determined that the Veteran’s hearing loss was properly compensated by his non-compensable schedular rating. In its decision, the Board stated that the Veteran’s hearing loss did not warrant extraschedular consideration because the schedular criteria adequately contemplated his disability level.
CCK Successfully Argues that Board Fails to Address Evidence that Use of Hearing Aids did not Improve Veteran’s Hearing and Worsened his Ability to Understand Others
CCK argued, and the Court agreed, that the Board erred by failing to consider whether certain evidence suggested that extraschedular referral for the Veteran’s hearing loss was warranted. Specifically, the Board failed to address evidence that the use of hearing aids did not improve the Veteran’s hearing and worsened some of his difficulties understanding others. The Court vacated the Board’s decision and remanded the case back to the Board for the Board to address this evidence and readjudicate the issue.
Category: Court Wins