coloneldan

The full text of the decision by the Federal Circuit Court of Appeals,. (Link goes to .pdf file) http://www.ll.georgetown.edu/Federal/judic...opinions/05-716 8.pdf You are correct that the fight to have tinnitus determined to be bi-lateral (20%) instead of a single condition at 10% was lost at the Fed Circuit in the Smith case. Of course that decision only affects vets who filed before May 2003, because the VA further revised DC 6260 in May 2003 so that claims filed after that date could only get a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head." 38 C.F.R. § 4.87, DC 6260 (2004). The DAV is trying to take the case to the Supremes, but over the years they've shown little interest in veterans' cases. About the only significant one they ever decided was Gardener, and right after the did that, Congress revised 38 Sect.1151 to delete that veteran friendly provision. So don't hold out any special hopes for Smith at the Supreme Ct TINNITUS CLAIMS AFFECTED BY SMITH V. NICHOLSON – UPDATE In the Smith v, Nicholson case, the U. S. Court of Appeals for Veterans Claims reversed the BVA decision, which concluded that no more than a single 10-point disability evaluation would be provided for tinnitus. Subsequently, in a decision dated June 19, 2006, the Federal Circuit reversed the Veteran’s Court decision and affirmed VA’s long standing interpretation of DC 6260 authorizing a singly 10-percent rating for tinnitus, whether unilateral or bilateral. Actions by the CAVC, VBA and BVA: * The Court of Appeals for Veterans Claims has imposed a stay on processing any appeals involving this issue until period allowed for an appeal to the Supreme Court expires. (Under Supreme Court rules, a petition may be submitted within 90 days of the date the appealed decision was entered in the lower court.) See: http://www.vetapp.gov/MiscOrd-5-06.pdf * The Chairman, Board of Veterans Appeals (BVA) lifted the stay on processing these tinnitus cases by rescinding his Memorandum No. 01-05-08 (April 28, 2005), “Processing of Tinnitus Claims affected by Smith v. Nicholson – Imposition of Stay.” * In a memorandum dated July 10, 2006, lifted the stay on processing certain tinnitus claims utilizing the interpretation of the regulation that a single 10-percent rating is the maximum rating available under DC 6260. "Keep on, Keepin' on" Dan Cedusky, Champaign IL "Colonel Dan" See my web site at: http://www.angelfire.com/il2/VeteranIssues/