Tinnitus (ringing in the ears) decisions — 2006

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

The veteran's claim for a higher rating for tinnitus was denied as the maximum schedular rating of 10 percent is already assigned under current regulations.

The veteran's request for separate 10 percent ratings for each ear for tinnitus was denied as there is no provision for such under the applicable diagnostic code. The motion alleging clear and unmistakable error in the June 19, 1992 rating decision was dismissed without prejudice.

The Board has determined that a rating higher than 10 percent for service-connected tinnitus is denied as the maximum schedular rating available under current regulations and diagnostic codes has been assigned.

The veteran's claim for separate 10 percent evaluations for tinnitus in each ear is denied as the version of Diagnostic Code 6260 in effect prior to June 2003 precludes such evaluations.

The veteran's service-connected tinnitus is rated as 10 percent disabling, the maximum rating authorized under Diagnostic Code 6260. There is no legal basis for a higher initial disability rating.

The Board denied the veteran's claim for clear and unmistakable error in the June 1999 rating decision that awarded service connection for tinnitus with a 10 percent disability evaluation, finding no legal basis for assigning a higher schedular evaluation.

The veteran's service-connected tinnitus has been assigned the maximum schedular rating available, and there is no legal basis for a higher evaluation.

The veteran's appeal for separate 10 percent initial ratings for tinnitus of each ear was denied as there is no legal basis to award such ratings given the maximum schedular rating available for tinnitus has already been assigned.

The veteran's claim for a higher rating for his service-connected bilateral tinnitus is denied as the maximum schedular rating of 10 percent has been assigned and upheld by the U.S. Court of Appeals for the Federal Circuit.

The October 1987 rating decision assigning a 10 percent evaluation for tinnitus is not considered clearly and unmistakably erroneous, thus the claim is denied.

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 claim for a rating in excess of 10 percent for bilateral tinnitus, to include entitlement to a separate evaluation for each ear, is denied as the maximum schedular rating available under Diagnostic Code 6260 has already been assigned.

The Board has determined that there was no clear and unmistakable error in the January 1987 rating decision assigning a 10 percent evaluation for bilateral tinnitus, as the veteran is already receiving the maximum schedular rating available under Diagnostic Code 6260. The claim for CUE is denied.

The Board denied the veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear, finding no clear and unmistakable error in the May 2000 rating decision that assigned a single 10% disability evaluation.

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowable under Diagnostic Code 6260, and thus no additional rating can be granted.

The Board denied the veteran's request for separate schedular 10 percent ratings for his service-connected bilateral tinnitus, as there is no provision for assignment of a separate rating for tinnitus in each ear under applicable regulations.

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum rating allowed under Diagnostic Code 6260. No separate ratings for each ear are available.

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 legal authority.

The Board denied the veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear, finding no clear and unmistakable error in the May 1999 rating decision that assigned a single 10% disability evaluation.