BVA Case 19-3367: Back

We are first asked to decide whether the Board erred in upholding the propriety of the rating reduction for hearing loss.

We are next asked to decide whether the Board erred in failing to address the veteran's August 2017 statement of worsening hearing loss.

Because the Board erroneously limited the timeframe of the appeal and did not consider whether the veteran was entitled to an increased rating for hearing loss after May 26, 2017,we will also set aside and remand that matter for further adjudication.

We are next asked to decide whether the Board erred in finding that new and material evidence had not been submitted to reopen a claim for a right ankle disorder.

As the Secretary concedes,because the Board failed to discuss favorable evidence of a right ankle disorder,we will remand the matter for further adjudication.

Lastly,we are asked to decide whether the Board erred in finding that service department records received after the initial denial did not warrant reconsideration of the ankle, knee,and sinusitis claims.

Ferri argues that the Board erred in upholding the reduction of his hearing loss rating from 10%to 0%effective May 26,2017,because the evidence did not show improvement in his ability to function under the ordinary conditions of life and work.

4 The Secretary bears the burden of establishing by a preponderance of the evidence that the rating reduction was warranted.