The Board found no clear and unmistakable error in the September 1997 rating decision that assigned a single 10 percent rating for bilateral tinnitus, based on the evidence of record and prevailing legal authority.
The deciding factor: The veteran's representative argued that the RO incorrectly applied the law in its assignment of a disability evaluation for his tinnitus. The Board found that the correct facts were before the adjudicator and no new or changed laws existed at the time of the decision, thus not meeting the criteria for CUE.
- Claimed conditions
- bilateral tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 25, 2006
- Citation
- 0626538
Veterans Law Judge
Decisions by this judge: 952 · 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 0626538.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
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.
- Granted
The Board has granted service connection for bilateral tinnitus and normocytic anemia as secondary to service-connected chronic hemorrhoids. The claim of entitlement to service connection for left inguinal hernia is remanded due to a pre-decisional duty to assist error.
- 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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