Tinnitus (ringing in the ears) decisions — 2006

The veteran's appeal for a separate 10 percent rating for his service-connected tinnitus in each ear is denied as there is no legal basis to award such ratings.

The veteran's claim for an evaluation greater than 10 percent for tinnitus, including a claim for the assignment of separate 10 percent evaluations for each ear, was denied as there is no legal basis for such a rating.

The veteran's service-connected bilateral tinnitus is assigned a maximum rating of 10 percent, and there is no legal basis for assigning separate evaluations for each ear.

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

The veteran's claim for a separate 10 percent rating for each ear for his service-connected bilateral tinnitus must be denied under both the old and current versions of DC 6260, as the maximum schedular rating available for tinnitus by regulation has been upheld.

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

The veteran's service-connected bilateral tinnitus is assigned a maximum rating of 10 percent, and there is no legal basis for assigning separate evaluations for each ear.

The veteran's tinnitus is currently evaluated as 10 percent disabling under Diagnostic Code 6260, and the RO denied a separate evaluation for each ear. The maximum schedular rating available for tinnitus has been assigned.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding no evidence of a medical nexus between his current diagnoses and his service.

The Board found that there was no clear and unmistakable error in the April 2001 rating decision, as the veteran's service-connected tinnitus has been assigned the maximum schedular rating available for tinnitus.

The Board denied the veteran's claim that the October 1998 decision, which assigned a 10 percent evaluation for tinnitus, was clearly and unmistakably erroneous (CUE). The Board found no error in the prior rating decision.

The Board has determined that there is no clear and unmistakable error in the March 1995 rating decision which awarded service connection for tinnitus and assigned a 10 percent disability evaluation. The veteran's claim for this issue is denied.

The Board found no clear and unmistakable error in the September 2000 rating decision assigning a single 10% 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 request for separate 10 percent disability ratings for tinnitus in each ear was denied as there is no provision for such under VA rating criteria.

The Board found no clear and unmistakable error in the March 1995 rating decision assigning a single 10% 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 tinnitus has been assigned the maximum schedular rating available, a 10 percent evaluation. The appeal for an increased evaluation is denied as there is no legal basis to award separate schedular evaluations for tinnitus in each ear.

The veteran's service-connected tinnitus is currently rated at 10 percent, which is the maximum rating allowed under Diagnostic Code 6260. The Board finds no legal basis for a higher evaluation.

The Board found that there was no clear and unmistakable error in the July 1995 rating decision, as the veteran failed to establish any kind of error of fact or law. The claim for a separate 10 percent rating for tinnitus claimed in each ear is denied.

The veteran's request for a separate 10 percent evaluation for tinnitus in each ear was denied as there is no provision for such under VA rating criteria. The maximum schedular rating of 10 percent has been assigned.

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