Tinnitus (ringing in the ears) decisions — 2006

The Board denied the veteran's claims for increased evaluations for his service-connected bilateral tinnitus, right knee disorder, and left ear hearing loss as there is no legal basis to assign a schedular evaluation in excess of 10 percent for each condition.

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 percent has been assigned.

The veteran's claim for separate ratings for bilateral tinnitus is denied as a matter of law due to the interpretation of VA regulations.

The veteran's claim for a rating in excess of 10 percent for service-connected bilateral tinnitus was denied as he is already receiving the maximum schedular evaluation available under Diagnostic Code 6260.

The veteran's appeal for separate 10 percent ratings for tinnitus of each ear is 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 service-connected bilateral tinnitus is currently rated at the maximum of 10 percent, and there is no legal basis to grant a higher rating.

The veteran's service-connected tinnitus is already assigned the maximum schedular rating available, so a higher evaluation cannot be granted.

The veteran's claim for increased ratings for tinnitus is denied as he is already receiving the maximum schedular evaluation.

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

The veteran's claim for separate 10 percent ratings for each ear for tinnitus is denied as the maximum schedular rating available (10%) has already been assigned.

The veteran's service-connected tinnitus is currently rated at the maximum of 10 percent, and no higher rating can be granted under the applicable diagnostic code.

The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, which is the maximum rating allowed under Diagnostic Code 6260. The RO denied a higher evaluation because there is no provision for separate ratings for each ear.

The veteran's claim for separate 10 percent ratings for each ear for tinnitus is denied as the maximum schedular rating available under Diagnostic Code 6260 has already been assigned.

The veteran's request for separate 10 percent disability ratings for bilateral tinnitus is denied as the current single 10 percent evaluation assigned for tinnitus disability is the maximum under VA rating criteria.

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.

The veteran's claim for an increased disability rating for service-connected tinnitus is denied as the maximum schedular rating of 10% is already assigned.

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

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

The veteran's service-connected tinnitus is already receiving the maximum evaluation authorized under Diagnostic Code 6260, which allows for a single 10 percent rating regardless of whether perceived as unilateral or bilateral. Therefore, his request for an increased evaluation is denied.

The Board has determined that there was no clear and unmistakable error in the May 1998 decision assigning a 10 percent rating for the veteran's service-connected bilateral tinnitus, as the maximum schedular rating available under Diagnostic Code 6260 is already assigned. The veteran continues to be in receipt of this maximum schedular rating.