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Dismissed

The Board dismissed the appeal as there was no clear and unmistakable error in granting service connection for tinnitus with a single 10% evaluation, as the applicable regulation at that time did not allow for separate evaluations for each ear.

The deciding factor: The rating decision of August 1981 correctly applied the then-existing regulations which limited the maximum schedular rating for tinnitus to a single 10 percent.

Claimed conditions
tinnitus
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
10%
Decision date
November 2, 2006
Citation
0633903

Veterans Law Judge

H. N. SCHWARTZ

Decisions by this judge: 2,480 · Granted: 26% (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 0633903.

What this means for you

A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.

What you can do next

Related decisions

Other Board decisions on a similar condition or argued the same way.

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