The Board denied the veteran's claims for increased evaluations for bilateral hearing loss and tinnitus, finding that there is no legal basis to award separate schedular evaluations for each ear of tinnitus. The maximum schedular rating available for tinnitus has been assigned.
The deciding factor: The Court held in Smith v. Nicholson (2005) that the pre-1999 and pre-June 13, 2003 versions of DC 6260 required the assignment of dual ratings for bilateral tinnitus. However, VA regulations limit a veteran to a single disability rating for tinnitus, regardless whether it is unilateral or bilateral.
- Claimed conditions
- bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2007
- Citation
- 0733080
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 0733080.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- 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.
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