Tinnitus (ringing in the ears) decisions — 2006

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 that there was no clear and unmistakable error in the October 2000 rating decision which awarded service connection for tinnitus and assigned a 10 percent disability evaluation, thus denying the veteran's claim.

The veteran's service-connected tinnitus is assigned a maximum schedular rating of 10 percent, and the claim for separate evaluations for each ear is denied.

The Board found that there was no clear and unmistakable error in the January 2001 rating decision which assigned a 10 percent disability rating for tinnitus, as it is the maximum schedular rating available under Diagnostic Code 6260.

The Board denied the veteran's claim for separate 10 percent disability ratings for each ear for his tinnitus, finding that a single 10 percent rating is the maximum schedular evaluation available under current regulations.

The VA has determined that the veteran's tinnitus, which is already rated at 10%, cannot be rated higher under any applicable regulations. The Board finds no legal basis for a rating higher than 10 percent.

The veteran's claim for a clear and unmistakable error (CUE) in the July 2000 rating decision was denied. The Board found no legal basis for assigning a schedular evaluation in excess of 10 percent for bilateral tinnitus.

The Board denied the veteran's claim for clear and unmistakable error in a December 2002 rating decision that awarded service connection for tinnitus with a 10 percent disability evaluation, finding no legal basis for assigning a schedular evaluation in excess of 10 percent for tinnitus.

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

The veteran's service-connected bilateral tinnitus is already assigned the maximum rating of 10 percent, and no higher ratings are available under current regulations.

The Board found that the June 1994 rating decision, which granted service connection for tinnitus and assigned a 10 percent evaluation, was not based on clear and unmistakable error in failing to assign separate ratings for each ear. Therefore, the claim for this benefit is denied.

The Board found no clear and unmistakable error in the October 7, 1999 rating decision that assigned a 10 percent rating for bilateral tinnitus. The claim is denied.

The veteran's tinnitus is currently evaluated as 10 percent disabling, and a higher rating is not assignable. The claim for separate compensable evaluations for the service-connected tinnitus is denied under both the old and new versions of the regulation.

The veteran's service-connected tinnitus is already assigned the maximum schedular disability rating, so separate ratings for each ear are denied.

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

The veteran's appeal for separate compensable ratings for tinnitus in each ear has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's service-connected tinnitus is already assigned the maximum rating of 10 percent, which is the highest available under Diagnostic Code 6260. Therefore, a higher evaluation cannot be granted.

The veteran's service-connected tinnitus is currently assigned a 10 percent rating, which is the maximum rating authorized under Diagnostic Code 6260. The Board finds that the veteran does not have legal basis for receiving more than one 10 percent rating for bilateral tinnitus.

The veteran's service-connected tinnitus is currently rated at the maximum schedular evaluation of 10 percent, and no higher. The appeal for a higher rating is denied.

The veteran's claim for a higher disability rating for service-connected 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.