Tinnitus (ringing in the ears) decisions — 2004

The veteran's claim for an increased evaluation for bilateral tinnitus was denied as the maximum schedular rating of 10 percent is already in effect.

The Board has granted service connection for tinnitus and bilateral hearing loss, finding that new and material evidence supports these claims. The veteran's exposure to noise during service is presumed.

The Board denied the veteran's claim for separate 10 percent evaluations for each ear of his bilateral tinnitus, finding that a single 10 percent rating was appropriate under the revised criteria.

The Board granted service connection for tinnitus and awarded a 10 percent evaluation, effective from December 20th, 2001. The appeal regarding the low back disability was addressed separately.

The veteran's claim for separate ratings for each ear due to bilateral tinnitus was denied as the condition is already rated at its maximum under the applicable diagnostic code.

The Board dismissed the appeal due to the appellant withdrawing his appeal prior to a decision being made.

The Board has dismissed the veteran's appeal for an increased rating for bilateral tinnitus as the appellant withdrew his appeal prior to a decision being made.

The veteran's claim for separate ratings for bilateral tinnitus is denied as the maximum schedular evaluation of 10 percent applies to recurrent tinnitus, regardless of whether it is perceived in one ear or both ears.

The Board denied an evaluation in excess of 10 percent for tinnitus, finding that the criteria under Diagnostic Code 6260 do not allow for separate evaluations for each ear. The veteran's claim was granted with a 10 percent rating.

The Board denied the veteran's claim for separate 10 percent disability ratings for bilateral tinnitus, finding that a single 10 percent rating was appropriate under the applicable regulations.

The appellant's service-connected bilateral hearing loss and tinnitus do not meet the criteria for a program of vocational rehabilitation training under Chapter 31, Title 38, United States Code.

The Board denied the veteran's claims for service connection for a low back disorder, psychiatric disorder claimed as secondary to tinnitus, and stomach condition. The decision also noted that evidence submitted since June 1999 was not new and material.

The Board denied service connection for bilateral pes planus and hearing loss, but granted service connection for tinnitus. The veteran's pre-existing pes planus was not aggravated by service, while his in-service tinnitus is presumed to have been incurred.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, DIC under 38 U.S.C.A. § 1318, and eligibility for Dependent's Educational Assistance under 38 U.S.C.A., Chapter 35.

The Board has reopened the veteran's claim for service connection for tinnitus due to new and material evidence submitted since the last denial in January 1997. The claim is now pending on its merits.

The Board has remanded the case for additional development due to inadequate VA examinations and failure to provide VCAA notice.

The veteran's claim for a disability rating in excess of the current 10% for service-connected bilateral tinnitus has been denied as there is no legal basis to assign such a higher evaluation. The maximum schedular evaluation available under VA regulations is already being provided.

The Board found that the revised version of Diagnostic Code 6260 precludes the assignment of separate ratings for tinnitus in both ears, as it authorizes a single 10 percent rating regardless of whether perceived in one ear, both ears, or in the head.

The veteran's right eye disorder was not incurred or aggravated during his active military service. The Board has remanded the case for further development and readjudication.

The Board has dismissed the appeal due to the veteran's request for withdrawal of his appeal.