Tinnitus (ringing in the ears) decisions — 2004

The Board denied the veteran's claim for an increased evaluation in excess of 10 percent for his bilateral tinnitus, finding that separate ratings for each ear under Diagnostic Code 6260 are not allowed.

The Board found no clear and unmistakable error in assigning a single 10 percent disability rating for service-connected bilateral tinnitus, as the correct facts were before the RO and they did not make any error of fact or law that would have changed the outcome.

The veteran's service-connected bilateral tinnitus has been rated at the maximum schedular evaluation of 10 percent. The Board found no merit in his claim for separate evaluations for each ear and concluded that a single rating is appropriate.

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

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

The Board denied the veteran's claim for an increased evaluation in excess of 10 percent for his service-connected bilateral tinnitus, finding that separate ratings for each ear under Diagnostic Code 6260 are not allowed due to the prohibition against such evaluations.

The Board has ordered additional examinations and development due to the veteran's change of address, and will review his claims for service connection based on the new evidence.

The Board has determined that there is no legal basis for a schedular evaluation in excess of 10 percent for the veteran's service-connected tinnitus. The RO granted service connection and a 10 percent rating for bilateral tinnitus, effective from October 2001.

The Board has remanded the case due to insufficient evidence linking the veteran's current hearing loss and tinnitus to his military service. The RO is instructed to obtain post-service treatment records and schedule a VA otolaryngologic examination for the veteran.

The veteran's claims for increased evaluations of bilateral defective hearing and tinnitus from March 11, 2003 were denied. The claim for service connection for light-headedness, vertigo, and dizziness was remanded.

The Board found that the veteran's claim for separate ratings of 10 percent for each ear for service-connected tinnitus is denied as the revised version of Diagnostic Code 6260 precludes the assignment of separate disability ratings for bilateral tinnitus and only authorizes a single 10 percent rating.

The veteran's claim for separate 10 percent ratings for tinnitus in each ear is denied as the condition is rated under a single diagnostic code and VA policy prohibits such separate evaluations.

The VA has denied a higher initial evaluation for tinnitus, currently rated at 10 percent. The veteran's claim is based on the regular schedular standards and there is no evidence of an unusual disability picture that would render application of the regular schedular standards impractical.

The Board denied the veteran's claim for initial separate 10 percent evaluations for each ear pursuant to the provisions of 38 C.F.R. § 4.87, Diagnostic Code 6260 (2003) for his bilateral tinnitus as such a rating is not allowed under current regulations.

The Board denied the appellant's claim for separate compensable evaluations for his service-connected bilateral tinnitus, finding that only a single 10 percent evaluation is assignable under current VA regulations.

The Board denied the veteran's request for separate 10 percent disability ratings for each ear under the provisions of 38 C.F.R. � 4.87, Diagnostic Code 6260 (2003), for his service-connected bilateral tinnitus as there is no legal basis for such a rating given the regulations.

The veteran's claim for separate 10 percent ratings for tinnitus in each ear is denied as the condition is rated under a single diagnostic code and only one rating is assignable.

The veteran's claim for separate evaluations of 10 percent for each ear for tinnitus was denied as the maximum disability evaluation allowed by law has already been granted.

The Board found that the original and revised versions of Diagnostic Code 6260 preclude the assignment of separate ratings for bilateral tinnitus, as they authorize a single 10 percent rating for recurrent tinnitus regardless of whether it is perceived in one ear, both ears, or in the head.

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 prior versions of Diagnostic Code 6260.