One More July 2006 Cavc Decision

[Berta]

http://webisys.vetapp.gov/isysquery/irld967/26/doc

in part:

"Although we find clear error in the Board's statement of reasons or bases, we cannot at this time conclude, without sufficient evidence as to whether it is possible that Mr. Roper's level of hearing loss could have causally contributed to the force at which he turned and disabled his knee, that only one permissible resolution of the matter exists, namely reversal . See Pullman-Standard, supra. Accordingly, we remand this matter to the Board for further proceedings consistent with this decision."

The court states these claims issues have been pending for 14 years already-and

"III. CONCLUSION

Upon consideration of the foregoing, the December 5, 2003, Board decision is AFFIRMED as to its determination regarding Mr. Roper's combined disability rating award for his hearing loss and depression; and VACATED as to its determinations regarding his secondary-service- connection claims for a right-knee and left-leg condition; and those matters are REMANDED for readjudication consistent with this opinion. "

The veteran claims his in-service hearing loss caused him to fail to hear warning shouts in service,that ultimately caused the accident that resulted in the knee-leg disability.