Tinnitus (ringing in the ears) decisions — 2006

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

The veteran's service-connected tinnitus is already assigned the maximum schedular rating of 10 percent, which covers both ears. Therefore, separate ratings for each ear are denied.

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

The veteran's service-connected tinnitus is currently rated at 10 percent, which is the maximum rating allowed under Diagnostic Code 6260. There is no legal basis for a higher rating.

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

The VA has determined that the veteran's tinnitus, which is already rated at 10 percent under the applicable rating schedule, cannot be rated higher due to the provisions of Diagnostic Code 6260, which prohibits separate evaluations for bilateral tinnitus.

The veteran's claim for a separate 10 percent rating for the service-connected tinnitus is denied as the condition is already assigned a single 10 percent rating.

The veteran's claim for separate schedular 10 percent disability ratings for bilateral tinnitus is denied as the current version of Diagnostic Code 6260 precludes such evaluations.

The veteran withdrew his appeal regarding the claim for separate schedular 10 percent ratings for bilateral tinnitus, and thus the case is dismissed.

The veteran's claim for a rating in excess of 10 percent for bilateral tinnitus is denied as he is already receiving the maximum disability rating available under the applicable rating criteria.

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

The veteran's request for a higher evaluation for bilateral tinnitus was denied as the maximum schedular rating of 10 percent is already assigned under Diagnostic Code 6260.

The Board found that the November 1987 rating decision, which granted service connection for tinnitus and assigned a 10 percent evaluation, was not based on clear and unmistakable error in failing to assign separate ratings for each ear. Therefore, the claim for this benefit is denied.

The Board denied the veteran's claim for clear and unmistakable error in a February 2002 rating decision that awarded service connection for tinnitus with a 10 percent disability evaluation, finding no legal basis for assigning a schedular evaluation in excess of 10 percent.

The Board found no clear and unmistakable error in the April 1993 rating decision assigning a single 10 percent rating for tinnitus, as the correct facts were known at that time and the law was correctly applied. The veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear is denied as a matter of law.

The Board has determined that there is no clear and unmistakable error in the December 2001 rating decision which awarded service connection for tinnitus and assigned a 10 percent disability evaluation. The veteran's claim must be denied.

The veteran's service-connected tinnitus has already been assigned the maximum schedular rating available for that disability, so he is not entitled to a higher initial evaluation.

The Board denied the veteran's claim for a separate schedular 10 percent rating for tinnitus in each ear, finding that only a single 10 percent evaluation is allowed under the current version of Diagnostic Code 6260.

The veteran is seeking a separate schedular rating for tinnitus in each ear, but the Board finds that such a claim is without legal merit as per VA's interpretation of Diagnostic Code 6260.

The veteran's claim for separate compensable evaluations for tinnitus in each ear is denied as there is no legal basis to award such evaluations.