Tinnitus (ringing in the ears) decisions — 2000

The Board of Veterans' Appeals has dismissed the matter as it does not have original jurisdiction to decide eligibility for attorney fees withheld from past-due benefits.

The Board has determined that the veteran is entitled to service connection for PTSD, bilateral tinnitus, and right ear hearing loss. The evidence supports these claims as they are considered direct service connections based on in-service exposure and current symptoms.

The veteran's claims for higher evaluations were denied. The RO granted a 10 percent evaluation for tinnitus of the right ear effective June 10, 1999.

The Board denied the appellant's claim for payment or reimbursement of unauthorized private medical expenses incurred during his hospitalization from May 24 to May 28, 1993 due to a low backache with right lower extremity pain. The appeal is based on service-connected tinnitus and not related to any other condition.

The Board has determined that the veteran's claims for service connection are not well grounded and have been denied.

The Board found that the veteran's claims for service connection for hearing loss and tinnitus were not well-grounded, as there was no evidence of current disabilities. For PTSD, the evaluation from September 3, 1993, is denied due to lack of industrial impairment.

The Board has determined that the veteran did not submit new and material evidence to reopen his claims for service connection for hearing loss and tinnitus, as he still does not have current disabilities. The RO's previous denial remains final.

The Board granted separate 10 percent evaluations for tinnitus and residuals of a right knee injury with laxity of the lateral collateral ligament, effective from October 1, 1992. The veteran's claims for earlier effective dates were denied.

The Board found that the veteran's claims for service connection were not well grounded, and thus denied them. The claim of service connection for PTSD was denied due to lack of current diagnosis and no evidence linking it to service. The claim for a skin disorder was also denied as there is no new and material evidence submitted since the 1949 decision.

The Board finds that the veteran's claim of entitlement to a permanent and total disability rating for pension purposes is not well grounded as he does not meet the percentage requirements for an award of non-service connected disability pension benefits under the objective criteria. However, further examination may be necessary to evaluate his current non-service connected disabilities.

The Board denied the veteran's claims of entitlement to service connection for hearing loss and tinnitus, finding that new and material evidence had not been submitted to reopen the claim for hearing loss and denying both issues.

The Board found no evidence of a chronic hearing loss or tinnitus during service, and thus denied the veteran's claims for service connection.

The veteran's claims for service connection for bilateral hearing loss, tinnitus, hypertension, and residuals of dental trauma are not well-grounded.

The veteran's claims for increased ratings and service connection were denied. His existing disabilities include thrombophlebitis of the left leg, right hip strain, tinnitus, hearing loss in the right ear, fractures to the right orbit and mandible, and a history of cerebrovascular accident.

The Board denied service connection for tinnitus and hyperacusis in 1990, finding the evidence did not show a nexus to service. In 1997, it found no new and material evidence had been submitted to reopen the claims.

The veteran's claim for an earlier effective date for the award of disability compensation benefits for left ear hearing loss is granted, with the earliest possible effective date being January 21, 1992.

The Board has granted service connection for tinnitus and denied an increase in the rating for PTSD. The veteran's claim of service connection for tinnitus is well grounded, as there is evidence that his tinnitus had its onset during active wartime service. His claim regarding a higher rating for PTSD remains pending.

The Board has determined that the appellant's tinnitus is related to his service-connected hearing loss and granted service connection for tinnitus.

The Board has denied the veteran's claims for increased ratings for his right ear hearing loss and tinnitus disabilities, finding that they do not meet the criteria for a schedular evaluation greater than 10 percent.

The veteran's appeal is being remanded due to the need for consideration of recent changes in rating criteria and issuance of a supplemental statement of the case.