Tinnitus (ringing in the ears) decisions — 2006

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

The veteran's service-connected tinnitus is already assigned the maximum rating of 10 percent, and no separate ratings for each ear are available under current regulations.

The veteran's claim for an evaluation in excess of 10 percent for service-connected tinnitus, to include entitlement to separate evaluations for each ear, is denied as the maximum schedular rating available for tinnitus has been assigned.

The Board has denied the veteran's claim for separate schedular evaluations for bilateral tinnitus 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 claim for separate 10 percent ratings for each ear for his service-connected tinnitus is denied as the maximum schedular evaluation of 10 percent has already been granted.

The veteran's request for a higher rating for his bilateral tinnitus was denied as there is no legal basis to assign separate ratings for each ear.

The veteran's claim for separate 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 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 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 claim for an increased evaluation for service-connected bilateral tinnitus, to include separate evaluations for each ear, is denied as the maximum schedular rating of 10% has been assigned.

The veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent, and no higher. The appeal for a more than single 10 percent rating for tinnitus has been denied.

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowed under VA regulations, so no higher rating can be granted.

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.

The Board has determined that the veteran is already receiving the highest possible rating for bilateral tinnitus under VA regulations, and therefore cannot be granted dual (separate) 10 percent ratings.

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

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

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

The Board found no clear and unmistakable error in the December 1980 rating decision that assigned a 10 percent rating for tinnitus.

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

The veteran's request for separate 10 percent disability ratings for tinnitus in each ear is denied as the maximum schedular rating of 10 percent has already been assigned.