The Board found no clear and unmistakable error in the November 2001 rating decision assigning a single 10 percent rating for tinnitus, as the correct facts were known at that time and the law was properly applied. The veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear is denied as a matter of law.
The deciding factor: The recent Smith v. Nicholson decision affirmed VA's long-standing interpretation of Diagnostic Code 6260, which requires only a single 10 percent rating for tinnitus regardless of whether sound is perceived in one ear or both ears.
- Claimed conditions
- tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 14, 2006
- Citation
- 0635415
Veterans Law Judge
Decisions by this judge: 1,500 · 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 0635415.
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 Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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