CAVC Case 00-1888: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · February 12, 2003 · IVERS
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
BackHearing LossTinnitusHipTBIEyeArthritis
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Issues on Appeal
BackHearing LossTinnitusHipTBIEyeArthritis
Why It Was Decided This Way
In the February 2000 BVA decision here on appeal, the Board denied a rating greater than 20% for the appellant's bilateral hearing loss with tinnitus and assigned a separate 10% rating for tinnitus effective as of June 10, 1999.
§ 5110(g) the Board may apply the amended regulation only "to rate the veteran's disability for periods from and after the effective date of the amendment"; the Board concluded, therefore, that it could award a 10% rating for tinnitus only effective as of June 10, 1999.
In the BVA decision here on appeal, the Board denied a compensable rating effective earlier than June 10, 1999, for the veteran's service-connected tinnitus but awarded a 10% rating as of that date.
In applying the pre-June 10, 1999, DC 6260 [hereinafter "pre-1999 DC 6260"], the Board concluded that even if it were to determine that the veteran's tinnitus was persistent, "there is no indication of record (nor does the veteran contend) that it was a symptom of head injury, concussion, or acoustic trauma".
In examining DC 6260 as effective on June 10, 1999 [hereinafter DC 6260 (1999) or DC 6260 (2002)], the Board concluded that a 10% evaluation was warranted for the veteran's tinnitus because it was "recurrent", occurring four to five times daily, and that that rating "remains the maximum disability rating available under this [DC]".
In their principal and reply briefs, the appellants make many of the same arguments in support of their general arguments that the Board erred by failing to award (1) two separate 10% ratings for the each appellant's tinnitus, one for each ear, and (2) an effective date prior to June 10, 1999, for the appellants' 10% tinnitus ratings.
The Secretary counters that the determination of a proper effective date is a question of fact and is therefore reviewable only under the "clearly erroneous" standard under 38 U.
In response to appellant Wright's assertion that "'tinnitus described as constant is persistent within the meaning of the [pre-1999] regulation'", the Secretary states that he "does not dispute that statement"; instead, he argues that, as the Board determined, the condition did not "result[] from a head injury, concussion[,] or acoustic trauma".
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|Preponderance Against|Inadequate Exam|Rating Criteria
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