tinnitus Recurrent Tinnitus - If Both Ears Affected

[Angela]

Ambiguous DC 6260 resolved by CAVC

In light of this Court's recent decisions in Stolasz v. Nicholson, 19 Vet.App. 355 (2005), appeal docketed, No. 06-7059 (Fed. Cir. Jan. 21, 2006 ), and Smith v. Nicholson, 19 Vet.App. 63 (2005), appeal docketed, No. 05- 7168 (Fed. Cir. July 11, 2005), the Board's decision was erroneous as a matter of law. Together, Stolasz and Smith establish that the pre-June 13, 2003, version of DC 6260 requires two separate ratings if each of a veteran's ears is affected by recurrent tinnitus, and that

provision applies to all such claims pending prior to that date. Accordingly, the Board's determination that only a single 10% disability rating is authorized for tinnitus prior to June 13, 2003, is not in accordance with law and will be reversed. See 38 U.S.C. 7261(a)(3)(A).

Hope this helps someone.

Angela

[Angela]

Should have noted that this only applies to those w/claims Jun 2003 and earlier.

Also, I'm reviewing the CAVC's 2006 decisions at the moment and they seem to be reversing ALOT of these BVA denials for bilateral tinnitus claims right now.

[Guest Jim S.]

Angela: don't get your hopes up, the VA is taking this case all the way to the Supreme Court, if they have to, to keep us from getting what is rightly ours.

Jim S. :)

[vaf]

I think I read somewhere that the Federal Circuit Court is to consider this matter sometime in the Fall. A lot of us are watching this closely, I know.

I see that the Court posts its calendar on its website, so as soon as one of us sees it, please post the notice, OK?