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
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
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 appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
- Partly granted
The Board granted service connection for generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
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