Tinnitus (ringing in the ears) decisions — 2004

The Board denied the veteran's claim for an increased evaluation for his service-connected tinnitus, finding that a maximum schedular rating of 10 percent is warranted.

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

The Board denied the claim of clear and unmistakable error (CUE) in the February 2001 rating decision that granted service connection for tinnitus and assigned a 10 percent evaluation, effective January 27, 2000. The RO did not assign separate ratings for tinnitus in each ear as per the provisions of Diagnostic Code 4.87a (6260), but this was not considered CUE.

The Board has denied the veteran's claims for service connection for right ear hearing loss and left ear hearing loss, as well as his claim for an increased rating for PTSD. The veteran's claim for tinnitus was granted. No decision was made on the TDIU claim.

The Board has dismissed the appeal due to the appellant's withdrawal of his claim prior to a decision.

The Board denied the veteran's request for a higher rating for his service-connected tinnitus, finding that the regulation only allows for a single 10 percent rating regardless of whether it is perceived in one ear, both ears, or in the head.

The veteran's claim for a higher rating for his service-connected tinnitus has been denied. The maximum schedular evaluation of 10 percent is already assigned, and separate evaluations for each ear are not available as the condition is considered one disease entity.

The Board denied the veteran's claim for separate 10 percent disability ratings for each ear for his service-connected tinnitus, finding that only a single 10% rating is authorized regardless of whether the tinnitus is perceived as unilateral or bilateral.

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 regulations.

The Board has determined that the veteran's claim for separate 10 percent disability evaluations for each ear for tinnitus is denied as a matter of law due to the regulations prohibiting such ratings.

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 the current and prior versions of Diagnostic Code 6260.

The veteran's claim for a rating in excess of 10 percent for bilateral tinnitus was denied as the current schedular evaluation already reflects the maximum allowable under VA regulations.

The Board has received notification that the appellant wishes to withdraw their appeal, and thus the appeal is dismissed.

The Board denied the veteran's claim for separate evaluations of 10 percent each ear for tinnitus, finding that such a rating is not allowed under current 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, as the revised regulations did not allow for such separate evaluations.

The Board has determined that the initial rating of 10 percent for bilateral tinnitus is proper and may not be increased through the assignment of separate ratings for tinnitus in each ear.

The VA has determined that the veteran's tinnitus, currently rated at 10 percent, does not warrant a higher rating as there is no legal basis for separate ratings for each ear under current regulations.

The Board denied the veteran's claim for separate evaluations for each ear of his tinnitus, finding that a single 10 percent evaluation is appropriate under all versions of Diagnostic Code 6260. The veteran was granted service connection and a 10 percent disability rating for bilateral tinnitus as of August 7, 2002.

The Board denied service connection for tinnitus, residuals of arthroplasties of the right and left 5th toes, hypertension, a scar of the abdomen, and blood in the urine. The veteran's claims were based on presumed exposure to noise during active duty.

The Board has granted service connection for bilateral tinnitus. The remaining issues of service connection for rheumatoid arthritis, chronic low back disorder, bilateral amblyopia, and chronic head injury residuals are remanded to the RO.