The Board has denied the veteran's claims for separate schedular 10 percent disability ratings for tinnitus in each ear. The issues of service connection for a back disorder, skin disorder, and generalized anxiety disorder are remanded to the RO.
The deciding factor: The pre-2003 versions of Diagnostic Code 6260 required the assignment of dual ratings for bilateral tinnitus, but the VA's interpretation of its own regulations in Smith v. Nicholson (451 F.3d 1344) held that a single schedular disability rating is available for tinnitus, regardless whether it is unilateral or bilateral.
- Claimed conditions
- tinnitus in each ear, back disorder, skin disorder, generalized anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2006
- Citation
- 0631706
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (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 0631706.
What this means for you
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- Remanded (sent back)
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