Tinnitus (ringing in the ears) decisions — 2006

The veteran's service-connected tinnitus is already rated at the maximum allowable under VA regulations, and no higher rating can be granted.

The veteran's claim for a higher evaluation for his service-connected tinnitus is denied as the maximum schedular rating of 10 percent has already been assigned.

The veteran's service-connected tinnitus is already rated at the maximum allowed under Diagnostic Code 6260, so a higher rating cannot be granted.

The veteran's claim for separate 10 percent ratings for bilateral tinnitus is denied as there is no legal basis to award such ratings.

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

The veteran's tinnitus is currently evaluated as 10 percent disabling, and there is no legal basis for the assignment of separate 10 percent ratings for each ear.

The veteran's claim for a higher 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.

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

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

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

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 has determined that there was no clear and unmistakable error in the April 2001 rating decision assigning a 10 percent evaluation for bilateral tinnitus, as the veteran is already receiving the maximum schedular rating available under applicable regulations.

The veteran's request for an increased rating for bilateral tinnitus has been denied as he is already in receipt of the maximum schedular evaluation available under Diagnostic Code 6260.

The Board found that there was no clear and unmistakable error in the April 2001 rating decision which granted service connection for tinnitus and assigned a 10 percent evaluation, as the veteran has not established any kind of error of fact or law.

The Board denied the veteran's claim for clear and unmistakable error in a rating decision from October 1989 that awarded service connection for tinnitus with a 10 percent disability evaluation, finding no legal basis for an increased evaluation.

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

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 claim for an increased evaluation is denied.

The Board found no clear and unmistakable error in the December 1998 rating decision that granted service connection for bilateral tinnitus and assigned a 10 percent rating. The current version of Diagnostic Code 6260 does not allow for separate ratings for each ear, thus there was no misapplication of the criteria.

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.