Tinnitus (ringing in the ears) decisions — 2004

The Board has denied the veteran's claims for service connection for various conditions, including right hip disability, allergic rhinitis, nephrolithiasis (claimed as kidney stones), gastroesophageal reflux disease, and right foot metatarsalgia. The RO granted service connection for arthritis of the right shoulder and cervical spine but assigned a 10 percent rating.

The Board has determined that the veteran's claim for separate 10 percent disability ratings for bilateral tinnitus is denied as a matter of law due to the change in the rating criteria for tinnitus effective June 2003, which prohibits the assignment of separate ratings.

The Board denied the veteran's claims for higher initial ratings for bilateral hearing loss and tinnitus, finding that the evidence did not warrant a rating in excess of the currently assigned noncompensable evaluations.

The Board denied the veteran's claim for a higher disability rating for tinnitus, finding that separate ratings for each ear are not allowed under VA regulations. The maximum 10 percent rating is assigned for recurrent tinnitus.

The Board denied the veteran's claims for service connection for hearing loss, tinnitus, a cervical spine disorder, and arthritis of the knees and legs. The evidence did not establish that these conditions were related to his military service.

The VA determined that there is no evidence of current bilateral hearing loss or tinnitus present at separation from service. The veteran's current conditions are not related to service.

The veteran's claim for higher ratings for PTSD and tinnitus was denied. The RO assigned a maximum schedular evaluation of 70 percent for PTSD, which is the highest available rating under the applicable diagnostic code. For tinnitus, the RO found that the veteran already received the maximum schedular evaluation (10 percent) and thus could not grant a higher rating based on the regular schedular standards.

The veteran's claims for increased ratings for bilateral hearing loss and right arm shell fragment wound residuals were denied. The RO found that the evidence did not support a higher evaluation.

The Board denied service connection for hearing loss, tinnitus, and residuals of a left eye injury (including macular degeneration, cataracts, glaucoma, and uveitis) as new and material evidence was not submitted to reopen these claims.

The Board denied the veteran's claim for an increased rating for his service-connected bilateral tinnitus, finding that the evidence did not meet the criteria for a higher evaluation under the applicable VA Schedule for Rating Disabilities.

The Board has determined that the veteran's left ear hearing loss was aggravated by his military service and granted service connection for this condition. The grant of service connection for tinnitus is also confirmed.

The VA determined that the veteran's current tinnitus is not related to his military service and denied his claim for service connection.

The Board has determined that the veteran's substantive appeals with respect to the issues of service connection for a back condition, including osteoarthritis and residuals of laminectomy; osteoarthritis of both knees; hearing loss; and tinnitus were not adequate. The appeal is now vacated due to the Court's order terminating the appeal.

The Board denied the veteran's claim for separate compensable evaluations for tinnitus in each ear, finding that only a single 10 percent evaluation is assignable under current and previous VA regulations.

The Board finds that the appellant's bilateral hearing loss and tinnitus are related to his military service, specifically noise exposure during his time as a radar operator in Vietnam. As such, the claims for service connection are granted.

The Board denied the veteran's claim for separate compensable evaluations for tinnitus in each ear, finding that only a single 10 percent evaluation is assignable under current regulations.

The Board denied the veteran's claim for separate 10 percent disability ratings for bilateral tinnitus, finding that a single 10 percent rating is authorized under Diagnostic Code 6260 regardless of whether it was perceived in one ear or both ears.

The Board has remanded this case for further development due to issues related to bilateral hearing loss and tinnitus. The veteran's service records do not show any evidence of hearing problems during his active duty, but he contends that current hearing loss is due to noise exposure in Vietnam. The VA examinations have found no causal link between the veteran's current hearing loss and his military service.

The veteran withdrew his appeal for the issues of bilateral hearing loss and tinnitus, leaving only the lower back injury issue in appellate status.