Tinnitus (ringing in the ears) decisions — 2004

The veteran's tinnitus is service-connected, but the Board finds that separate ratings for bilateral tinnitus are not warranted as a matter of law.

The Board found that the veteran's claim for separate initial 10 percent ratings for bilateral tinnitus is denied as a matter of law due to the regulatory scheme and diagnostic codes pertaining to the auditory system.

The Board denied the appellant's claim for a higher rating for his service-connected bilateral tinnitus, finding that only one 10 percent evaluation is assignable under current VA regulations and precedent opinions.

The Board has denied the veteran's claim of entitlement to an increased disability rating for tinnitus, finding that a maximum schedular evaluation of 10 percent is already assigned.

The Board denied the veteran's claim for an earlier effective date for the grant of service connection for hearing loss and tinnitus, finding that the May 28, 2002 filing was his first valid claim after final decisions in 1982 and 1989.

The veteran's claim for service connection for tinnitus is being remanded due to conflicting accounts of when the tinnitus began, and a new VA audiological examination is needed.

The Board denied the veteran's claim for separate 10 percent disability ratings for bilateral tinnitus, finding that only a single 10 percent rating is authorized under current regulations.

The Board denied the veteran's claims for service connection for PTSD, a rating in excess of 30 percent for hypertensive heart disease, a compensable original disability rating for bilateral hearing loss, and an original disability rating in excess of 10 percent for tinnitus. The appeals were based on direct service connection.

The Board has determined that the veteran's current bilateral hearing loss and tinnitus are related to his military service, granting service connection for both conditions.

The Board denied the veteran's claim for an increased rating for tinnitus, finding that a maximum of 10 percent disability rating is available under VA regulations.

The Board denied the veteran's claims for earlier effective dates for service connection due to lack of evidence showing a claim was filed prior to December 13, 1999.

The Board found that the veteran's hearing loss and tinnitus were not incurred in or aggravated by service, nor could they be presumed to have been incurred during service. The evidence did not support a finding of service connection for these conditions.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that both conditions originated in service due to combat-related acoustic trauma. The veteran's tinnitus is considered secondary to his service-connected hearing loss.

The veteran's request for a hearing before the Board at a local RO has been granted, and his claims will be remanded to allow for additional development including consideration of new evidence.

The Board denied the claim for an initial rating in excess of 10 percent for bilateral tinnitus, finding that a single 10 percent evaluation is appropriate under VA's Schedule for Rating Disabilities (Rating Schedule).

The Board denied the veteran's claims of service connection for bilateral hearing loss and tinnitus, finding no persuasive medical nexus evidence to support these conditions during his military service.

The veteran's tinnitus is found to be service-connected, and his diabetes mellitus continues to warrant a 40 percent rating.

The Board denied the claims for earlier effective dates and increased ratings, finding that there was no clear and unmistakable error in previous decisions.

The Board denied the veteran's claims for higher ratings for his service-connected bilateral hearing loss and tinnitus, finding that the evidence did not meet the criteria for a compensable evaluation prior to June 19, 2003, and against a rating in excess of 10 percent from that date. The effective date claim was also denied.

The veteran's tinnitus was initially granted an initial evaluation of 0 percent effective December 12, 1995.,An increased evaluation to 10 percent for tinnitus from November 25, 1997, was granted.