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MORE MEMORIAL DAY EVENTS
Monday, May 30 - North Highlands Parade - Joe Feirl will be
driving his truck representing VVA500 in the Parade.
43rd & Folsom Blvd., P.O. Box 19334,
Sacramento, CA 95819 |
VETERANS BENEFITS VA TINNITUS COMPENSATION UPDATE 01: On APR 5, the United States Court of Appeals for Veterans Claims handed down its decision in Smith v. Nicholson. The DAV had argued on behalf of Mr. Smith that he was entitled to two separate 10% disability ratings for service-connected tinnitus, i.e., ringing, in his right and left ears. The Department of Veterans Affairs (VA) argued in Smith's case, as well as a large number of other cases, that the schedule for rating disabilities provided for only one 10% rating, regardless of whether the tinnitus was present in only one ear or both ears. The Court held that: "Based on the plain language of the regulations, the Court holds that the pre-1999 and pre-June 13, 2003 versions of [diagnostic code] 6260 required the assignment of dual ratings for bilateral tinnitus." Veterans who filed a claim for service connection for tinnitus in both ears, or who claimed an increased rating for that condition, prior to 13 JUN 03, may be entitled to receive combined disability compensation based on two 10% rating for tinnitus. Additionally, the law does not permit any such ratings to be reduced in the future, unless the severity of the tinnitus is shown to have actually improved. Veterans who believe that they may be entitled to benefits based on the Smith precedent should contact their DAV National Service Officer. (VAC note: Any other organization's Service Officers may be contacted as well as DAV.) |
Veterans
Affiliated Council
VFW Post #67
P.O. Box 255484
Sacramento, CA 95865
916-481-6020
vacsv@sbcglobal.net
www.norcaltrav.com/VAC.htm
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