The Board found that separate schedular ratings for bilateral tinnitus are not warranted under the current regulations and precedent cases. The veteran's claim was denied because the regulatory change did not provide for retroactive application of a different interpretation of Diagnostic Code 6260.
The deciding factor: The regulatory change to Diagnostic Code 6260, effective June 13, 2003, required a single 10 percent rating for tinnitus regardless of whether it is perceived as unilateral or bilateral. The Board applied the pre-change version of the regulation and found that separate ratings were not authorized.
- Claimed conditions
- bilateral tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 27, 2006
- Citation
- 0622213
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0622213.
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The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.,The Veteran's bilateral tinnitus is granted based on in-service noise exposure and current diagnosis.,The Veteran's Non-Hodgkin lymphoma is granted due to presumptive service connection for exposure at Fort McClellan, Alabama.,The Veteran's status post total shoulder replacement, to include degenerative arthritis, is granted as incurred in service.,The Veteran's scar, residual right shoulder surgery, is granted as it is related to his now service-connected status post total shoulder replacement.
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- Granted
The Board has granted service connection for bilateral hearing loss and bilateral tinnitus, finding that the Veteran's conditions are causally related to his in-service hazardous noise exposure. The Board considered the Veteran's credible testimony regarding the onset of these conditions during service.
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