Tinnitus (ringing in the ears) decisions — 2006

The Board has determined that the veteran's claimed bilateral tinnitus and bilateral hearing loss were not incurred or aggravated by service, as there is no evidence of such conditions during service or within one year post-service. The VA examinations did not find a nexus between current disabilities and service.

The Board finds that the veteran's tinnitus is causally related to noise exposure during service and grants the claim of entitlement to service connection for tinnitus.

The veteran's service-connected bilateral tinnitus has been rated at the maximum schedular evaluation of 10 percent, and no higher rating is available.

The veteran's claim for an initial schedular disability rating in excess of 10 percent for tinnitus is denied.

The veteran's service-connected bilateral tinnitus is assigned a 10 percent rating, the maximum rating authorized under Diagnostic Code 6260. There is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus.

The Board has determined that the veteran's current bilateral tinnitus is at least partly due to his in-service military noise exposure, and thus service connection for tinnitus is granted.

The Board found that there was no clear and unmistakable error in the April 1996 rating decision, as the veteran failed to establish any kind of error of fact or law.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, and an acquired psychiatric disorder. The claim for spasmodic torticollis was not reopened due to lack of new and material evidence.

The Board has denied the veteran's claim for service connection for tinnitus, finding that there is no evidence of a current disability related to military service and noting the lack of continuity of symptomatology.

The Board has denied the veteran's claims for service connection for a bilateral ear condition and tinnitus, finding that there is no causal relationship between these conditions and his military service.

The veteran's claim for separate 10 percent ratings for each ear for his service-connected tinnitus was denied as the version of Diagnostic Code 6260 in effect prior to June 2003 precludes an initial evaluation in excess of a single 10 percent rating for tinnitus.

The veteran's request for separate 10 percent ratings for 'bilateral' tinnitus was denied as there is no provision for such in the applicable rating criteria.

The Board found no evidence of a causal relationship between the veteran's current hearing loss and tinnitus disabilities and his military service, including noise exposure. Therefore, both claims for service connection were denied.

The Board denied service connection for tinnitus, hearing loss, and lumbar spine disorder. The veteran's claims for increased evaluations of his scars were also addressed but not decided.

The Board has determined that the veteran's tinnitus is related to service exposure, and his residuals of a fractured left elbow are considered direct service connection. The claim for osteoarthritis of the arms, neck, and back was also granted as it meets the criteria for direct service connection.

The veteran's claim for separate 10 percent evaluations for each ear for bilateral tinnitus is denied as the maximum schedular evaluation available under both old and new versions of the governing regulation has already been assigned.

The Board has determined that the veteran's tinnitus and allergies (claimed as sinusitis) are not related to his military service.

The Board found no clear and unmistakable error in the July 1999 rating decision that assigned a single 10% rating for bilateral tinnitus, as the applicable VA law and regulations at the time only provided for a maximum of a single 10% rating for tinnitus.

The veteran's claim for service connection for tinnitus is granted, as the Board finds that his tinnitus is causally related to his active duty service.

The veteran's tinnitus disability is already rated at the maximum allowed under VA rating criteria, and thus no additional ratings can be granted.