United States Federal Circuit

A decision of the U.S. Court of Appeals for Veterans Claims reversing in part a decision of the Board of Veterans' Appeals holding that certain regulations require the assignment of dual ratings for bilateral tinnitus, an ear disease, is reversed where the Veterans Court erred in not deferring to the agency's reasonable interpretation of its own regulations.

Appellate Information

• Decided 06/19/2006
• Published 06/19/2006

Judges

• LOURIE, Circuit Judge., Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellee.   Of counsel was Donald E. Purcell., Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Brian M. Simkin, Assistant Director.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.