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tinnitus Retroactivity
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Bruno2
In April of 2005, the Court of Appeals for Veteran's Affairs handed down a verdict in the case of Smith vs. Nicholson. In short Smith was allowed a disability rating of 10% for each ear rather than a combined 10% for both ears, for having service connected tinnitus. I have the same condition as well as bilateral nerve deafness. I have appealed to the VA for increased compensation based on the Smith precedent.
My question concerns retroactivity. I've been collecting this compensation since 1968. As the VA has wrongly applied the rule and I should prevail in my claim, that makes me feel I would be owed retractive payments back to the time when I first applied and was awarded compensation for this condition.
Is this a correct assumption or not.
Thank you for you advice and input. This is the first time I'm posting at this board so I'll be interested to see what feedback I get.
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