Tinnitus (ringing in the ears) decisions — 2006

The veteran's claim for an increased evaluation for tinnitus was denied as the maximum disability rating of 10 percent is already assigned under Diagnostic Code 6260.

The veteran's service-connected tinnitus is properly evaluated as 10 percent disabling.

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

The Board found that there was no clear and unmistakable error in the February 2000 rating decision which assigned a 10 percent disability evaluation for service-connected tinnitus, as the veteran's tinnitus has been assigned the maximum schedular rating available.

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

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 Board found no clear and unmistakable error in the April 2003 rating decision assigning a single 10 percent rating for tinnitus, as the correct facts were known at that time and the law was properly applied. The veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear is denied as a matter of law.

The veteran's appeal for an increased evaluation for bilateral tinnitus was denied as there is no legal basis to award separate schedular evaluations for each ear.

The Board found that there was no clear and unmistakable error in the August 2001 rating decision, which granted service connection for tinnitus and assigned a 10 percent evaluation. The veteran's claim for separate ratings for tinnitus of each ear is denied.

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowable under VA regulations, a 10 percent rating. Therefore, no further increase in rating is warranted.

The veteran's service-connected tinnitus is properly evaluated as 10 percent disabling.

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

The Board found no clear and unmistakable error in the September 1994 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 veteran's service-connected bilateral tinnitus is assigned a maximum 10 percent rating, and there is no legal basis for an increased rating.

The Board found no clear and unmistakable error in the February 2001 rating decision assigning a single 10 percent rating for tinnitus, as the correct facts were known at that time and the law was properly applied. The veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear is denied as a matter of law.

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

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum allowed under Diagnostic Code 6260. The appeal for a higher rating is denied as there is no legal basis to award separate ratings for each ear.

The veteran's appeal for clear and unmistakable error in the August 1988 rating decision which granted a 10 percent evaluation for bilateral tinnitus is denied. The law applied at that time was correctly applied, and there is no legal basis to award separate schedular evaluations for tinnitus in each ear.

The veteran's claim for separate 10 percent ratings for each ear for tinnitus was denied. The motion alleging clear and unmistakable error in the December 26, 2001 rating decision which granted service connection for tinnitus and assigned a 10 percent rating was dismissed without prejudice.

The Board has determined that there is no clear and unmistakable error in the June 1999 rating decision which awarded service connection for tinnitus and assigned a 10 percent disability evaluation. The veteran's claim for this issue is denied.