The Board found no legal basis for separate 10 percent ratings for tinnitus in each ear, as the criteria do not allow for such a division. The maximum schedular rating for tinnitus is 10 percent regardless of whether it affects one or both ears.
The deciding factor: VA General Counsel's opinion and subsequent CAVC decision held that Diagnostic Code 6260 does not allow for separate ratings for bilateral tinnitus, but the interpretation by VA was not plainly erroneous. The Federal Circuit reversed the CAVC's decision in favor of VA's interpretation.
- Claimed conditions
- Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 3, 2006
- Citation
- 0623113
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 0623113.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
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