The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, which is the maximum rating allowed under Diagnostic Code 6260. The Board found no legal basis for a separate evaluation for each ear and denied the claim.
The deciding factor: The pre-1999 and pre-June 13, 2003 versions of DC 6260 required the assignment of dual ratings for bilateral tinnitus, but this interpretation was overturned by the Federal Circuit in Smith v. Nicholson, which held that VA's interpretation of its own regulations is controlling.
- Claimed conditions
- bilateral tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 30, 2007
- Citation
- 0734032
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 0734032.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for left toe amputation, triple bypass surgery, blockage in legs, and bilateral tinnitus due to procedural errors and the need for additional medical opinions regarding potential exposure to toxins during service.
- Granted
The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.,The Veteran's bilateral tinnitus is granted based on in-service noise exposure and current diagnosis.,The Veteran's Non-Hodgkin lymphoma is granted due to presumptive service connection for exposure at Fort McClellan, Alabama.,The Veteran's status post total shoulder replacement, to include degenerative arthritis, is granted as incurred in service.,The Veteran's scar, residual right shoulder surgery, is granted as it is related to his now service-connected status post total shoulder replacement.
- Granted
The Board has granted service connection for bilateral tinnitus and normocytic anemia as secondary to service-connected chronic hemorrhoids. The claim of entitlement to service connection for left inguinal hernia is remanded due to a pre-decisional duty to assist error.
- Granted
The Board has granted service connection for bilateral hearing loss and bilateral tinnitus, finding that the Veteran's conditions are causally related to his in-service hazardous noise exposure. The Board considered the Veteran's credible testimony regarding the onset of these conditions during service.
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