The Board found no clear and unmistakable error in the September 2002 rating decision which assigned a single 10 percent rating for bilateral tinnitus, thus denying the claim.
The deciding factor: The holding in Smith v. Nicholson concluded that the VA's interpretation of its own regulations regarding the assignment of dual ratings for bilateral tinnitus was correct and upheld the original rating decision.
- Claimed conditions
- Bilateral Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 14, 2006
- Citation
- 0629082
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 0629082.
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.
- Partly granted
The Board denied a compensable rating for allergic rhinitis, service connection for chronic sinusitis and bilateral tinnitus, granted a 50 percent initial rating for PTSD, and remanded the claims for an increased rating for PTSD and service connection for a somatic disorder.
- Granted
The Board granted service connection for major depressive disorder, bilateral hearing loss, and bilateral tinnitus. The claims for diabetes mellitus, type II; gastroesophageal reflux disease (GERD); hypertension; and cerebrovascular accident residuals were remanded.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, fibromyalgia, functional abdominal pain syndrome/abdominal pain and bloating, respiratory insufficiency (dyspnea), but granted service connection for bilateral tinnitus. The decision also addressed the initial rating of IBS, finding it not compensable.
- Partly granted
The Board granted service connection for bilateral hearing loss, bilateral tinnitus, and a cervical spine disability. The claim for obstructive sleep apnea was remanded.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.