The Board found no clear and unmistakable error in the April 2003 rating decision assigning a single 10 percent rating for tinnitus, as the correct facts were known at that time and the law was properly applied. The veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear is denied as a matter of law.
The deciding factor: The recent Smith v. Nicholson decision affirmed VA's long-standing interpretation of Diagnostic Code 6260, which requires only a single 10 percent rating for tinnitus regardless of whether sound is perceived in one ear or both ears.
- Claimed conditions
- tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 18, 2006
- Citation
- 0625526
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 0625526.
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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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