Tinnitus (ringing in the ears) decisions — 2003

The veteran's appeal is for a total rating based upon individual unemployability due to service-connected disabilities. The RO must ensure all VCAA notice obligations have been satisfied and request all pertinent medical records from the veteran's providers. They should also schedule VA orthopedic, audiological, and special audio examinations to determine the nature and current severity of his service-connected conditions.

The Board found no evidence linking the veteran's current hearing loss and tinnitus to his active service, and thus denied both claims.

The Board found that the veteran's tinnitus was incurred in service and granted service connection for it, along with his hearing loss. The decision also noted that the veteran had noise exposure during service.

The Board denied the veteran's claims for increased disability ratings for his service-connected tinnitus and right ear hearing loss, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Board has denied the veteran's claim for an increased evaluation for tinnitus, finding that a 10 percent evaluation is the maximum available under current regulations.

The Board has granted service connection for bilateral hearing loss disability and remanded the issue of tinnitus.

The Board found that there is no current diagnosis of a condition characterized by headaches, shakes and dizziness. The veteran's service-connected tinnitus and bilateral hearing loss are not related to these symptoms.

The Board denied the veteran's claims for service connection for PTSD, bilateral hearing loss, and tinnitus due to lack of credible supporting evidence of in-service stressors. The claim for a forehead scar as residual of shell fragment wound was also denied.

The Board denied the veteran's claims for a compensable evaluation for hearing loss of the left ear due to inconsistent responses during audiometric testing, making it impossible to determine his current level of hearing impairment.

The Board denied the veteran's claim for an effective date prior to May 3, 1999, for service connection of tinnitus. The decision found that no new and material evidence was presented to reopen his claim.

The Board found that the veteran's service-connected bilateral tinnitus is manifested by recurring ringing in his ears, with no showing of marked interference with employment or necessitated frequent periods of hospitalization. The criteria for a disability evaluation in excess of 10 percent for bilateral tinnitus are not met.

The Board found that the veteran's pre-existing hearing loss in his left ear was aggravated by acoustic trauma during service, and granted service connection for this condition. The decision also noted that there is no evidence of a current hearing disability in the right ear as defined by VA regulations.

The veteran is seeking an earlier effective date for the grant of service connection for tinnitus, which was initially granted in January 2001. The RO has been instructed to consider whether the prior January 1997 rating decision denying service connection for tinnitus was a clear and unmistakable error (CUE). If CUE is found, the veteran's claim will be remanded again with instructions on how to proceed.

The Board denied a higher rating for the veteran's service-connected tinnitus, finding that only one 10 percent evaluation is available under current regulations.

The Board has reopened the veteran's claim for service connection for major depression with anxiety and remanded the other issues to allow for further development.

The Board has determined that the veteran's service-connected disabilities render him in need of regular aid and attendance, warranting an increase in SMC to a higher level.

The Board denied the veteran's claims for service connection for bilateral pes planus, hearing loss, and tinnitus. The veteran did not establish a current diagnosis of these conditions or that they were incurred in service.

The Board has determined that the veteran's current bilateral hearing loss and tinnitus are causally related to his exposure to noise during service, granting service connection for these conditions.

The case is being remanded due to the need for proper VCAA notice and development of evidence. The veteran's claims for PTSD, bilateral hearing loss, and tinnitus are not yet fully developed.

The Board has ordered further development in the veteran's case, including obtaining additional medical records and arranging for examinations to determine the nature and etiology of any left knee disability and tinnitus. The case will be returned to the RO for this purpose.