UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Misc. No. 05-06

IN RE: BILATERAL TINNITUS CASES

O R D E R

By order of the Court en banc:

The United States Court of Appeals for the Federal Circuit (Federal Circuit) on June 19,

2006, decided the appeal of veteran Ellis Smith, Smith v. Nicholson, No. 05-7168, 2006 U.S. App.

LEXIS 14919 [hereinafter Smith]. In that decision, the Federal Circuit reversed and remanded this

Court's decision in Smith v. Nicholson, 19 Vet.App. 63 (2005).

There are numerous cases pending in this Court involving the issue decided by the Federal

Circuit in Smith. For the sake of judicial economy and efficiency, and based upon representations

by the parties, this Court has decided to stay all bilateral tinnitus cases affected by the Federal

Circuit's Smith opinion until the period for filing a petition of certiorari to the U.S. Supreme Court

from the Federal Circuit's decision has passed or, if a petition is filed with the Supreme Court, until

the Supreme Court has acted on the petition for certiorari, whichever period is longer. 

The cases pending before this Court that involve the issue discussed above are identified in

the addendum to this order. Despite this Court's best efforts to identify all pending bilateral tinnitus

cases, there may be other such cases that have not been identified by this Court. Any case not

identified will be stayed upon proper motion and order of this Court. 

Therefore, as ordered by this Court, the cases listed in the addendum to this order are stayed

until further order of this Court. Upon proper motion by the parties of any other case pending before

this Court, which should also be stayed pending review of the Smith matter by the U.S. Supreme

Court, the Clerk shall enter a separate order of stay in that case.

DATED: July 12, 2006 FOR THE COURT:

NORMAN Y. HERRING

Clerk of the Court

Addendum
ADDENDUM

Case Name and Number: Case Name and Number:

Abbott v. Nicholson, No. 05-1659

Aceto v. Nicholson, No. 05-679

Andera v. Nicholson, No. 04-1331

Arcangeletti v. Nicholson, No. 05-810

Babin v. Nicholson, No. 05-762

Baker v. Nicholson, No. 05-1240

Barnett v. Nicholson, No. 05-739

Beason v. Nicholson, No. 05-1141

Boettge v. Nicholson, No. 04-1901

Campbell v. Nicholson, No. 05-2074

Campbell v. Nicholson, No. 05-1607

Cannon v. Nicholson, No. 05-1803

Carnahan v. Nicholson, No. 05-677

Carnes v. Nicholson, No. 05-1901

Cederlind v. Nicholson, No. 04-2187

Chomer v. Nicholson, No. 05-1381

Condon v. Nicholson, No. 05-1801

Connell v. Nicholson, No. 05-856

Cook v. Nicholson, No. 05-1790

Cook v. Nicholson, No. 05-1568

Dietz v. Nicholson, No. 05-518

Dotson v. Nicholson, No. 05-308

Flora v. Nicholson, No. 05-1783

Fontanna v. Nicholson, No. 05-1760

Fouts v. Nicholson, No. 05-1763

Furrow v. Nicholson, No 05-1691

Galdi v. Nicholson, No. 05-1380

Gaynor v. Nicholson, No. 05-2730

Gibson v. Nicholson, No. 05-2073

Glasgow v. Nicholson, No. 05-1386

Gray v. Nicholson, No. 05-861

Gregoski v. Nicholson, No. 04-1441

Hayes v. Nicholson, No. 05-1239

Hecht v. Nicholson, No. 05-785

Hedge v. Nicholson, No. 04-2302

Hodge v. Nicholson, No. 05-1744

Jones v. Nicholson, No. 05-2017

Klen v. Nicholson, No. 04-2036

Lecher v. Nicholson, No. 04-2263

Lindke v. Nicholson, No. 05-34

Long v. Nicholson, No. 04-2291
Manzo v. Nicholson, No. 05-1491

Martin v. Nicholson, No. 05-2072

Martinak v. Nicholson, No. 05-1195

McAlpine v. Nicholson, No. 05-1843

Meeker v. Nicholson, No. 05-1831

Mullis v. Nicholson, No. 05-1999

Nellans v. Nicholson, No. 05-2016

Nelson v. Nicholson, No. 05-1388

Nichols v. Nicholson, No. 05-1890

Owings v. Nicholson, No. 05-2013

Paige v. Nicholson, No. 04-1783

Palczewski v. Nicholson, No. 04-1001

Ringwald v. Nicholson, No. 05-1789

Rizzio v. Nicholson, No. 05-1142

Rogers v. Nicholson, No. 05-1479

Sallee v. Nicholson, No. 05-1526

Scott v. Nicholson, No. 05-1572

Spence v. Nicholson, No. 04-611

Stec v. Nicholson, No. 05-36

Stephenson v. Nicholson, No. 05-1539

Straub v. Nicholson, No. 05-912

Tarnow v. Nicholson, No. 05-1447

Tilton v. Nicholson, No. 04-1425

Toney v. Nicholson, No. 05-1743

Turner v. Nicholson, No. 05-1857

Ullery v. Nicholson, No. 05-1482

Wahy v. Nicholson, No. 04-2289

Walker v. Nicholson, No. 05-1288

Walton v. Nicholson, No. 05-1385

Winter v. Nicholson, No. 05-1099

Witt v. Nicholson, No. 04-1788