Tinnitus (ringing in the ears) decisions — 2006

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum rating available under Diagnostic Code 6260. The Board finds that a higher evaluation is not warranted as there is no legal basis to award separate schedular evaluations for bilateral tinnitus.

The veteran's claim for separate schedular 10 percent disability ratings for bilateral tinnitus is denied as there is no provision for assignment of a separate rating for tinnitus in each ear.

The veteran's service-connected bilateral tinnitus is already assigned the maximum rating of 10 percent, and there is no legal basis for a separate rating in each ear.

The veteran's claim for separate initial schedular 10 percent disability ratings for bilateral tinnitus was denied as the condition is assigned a single 10 percent rating under applicable legal authority.

The veteran's claim for separate ratings for bilateral tinnitus is denied as a matter of law due to the interpretation of VA regulations by the Federal Circuit in Smith v. Nicholson, which limits the rating of tinnitus to a single schedular evaluation regardless of whether it is unilateral or bilateral.

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum rating allowed under Diagnostic Code 6260. The appeal for a higher evaluation is denied.

The veteran's claim for a higher rating for bilateral tinnitus, to include entitlement to separate evaluations for each ear, is denied as the maximum schedular rating of 10 percent has already been assigned.

The veteran's tinnitus is already receiving the maximum schedular disability rating of 10 percent, and there is no legal basis for assigning separate ratings for each ear.

The veteran's service-connected tinnitus is already assigned the maximum disability rating of 10 percent, which is the highest available under Diagnostic Code 6260. Therefore, he cannot receive a higher evaluation.

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowable under VA regulations, a 10 percent rating. Therefore, no further increase in rating is warranted.

The veteran's claim for a higher rating for bilateral tinnitus, to include entitlement to separate evaluations for each ear, is denied as the maximum schedular rating of 10 percent has already been assigned.

The veteran's service-connected tinnitus is already assigned the maximum rating of 10 percent, and therefore a separate compensable evaluation for each ear cannot be granted.

The veteran's service-connected bilateral tinnitus is assigned the maximum rating of 10 percent, and there is no legal basis for a higher evaluation.

The Board found no clear and unmistakable error in the December 1988 decision that granted service connection for tinnitus with a single 10 percent rating.

The veteran's service-connected tinnitus is already receiving the maximum rating of 10 percent, and no further increase in rating is warranted.

The veteran's service-connected bilateral tinnitus is already assigned the maximum rating of 10 percent, and no higher rating can be granted under current regulations.

The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, the maximum rating authorized under Diagnostic Code 6260. The Board denied his claim for a higher rating.

The Board has remanded the case to the RO for additional development due to a previous Court decision.

The veteran's service-connected bilateral tinnitus has been rated at the maximum schedular rating of 10 percent. As there is no legal basis for a higher evaluation, his appeal is denied.

The veteran's claim of entitlement to separate schedular 10 percent disability ratings for tinnitus in each ear is denied as there is no legal basis upon which to award such ratings.