Tinnitus (ringing in the ears) decisions — 2006

The veteran's service-connected tinnitus is currently rated at the maximum schedular rating of 10 percent, and no higher. The appeal for a separate rating in each ear was denied as there is no legal basis to award such.

The veteran's service-connected bilateral tinnitus is assigned a 10 percent rating, the maximum rating authorized under Diagnostic Code 6260. There is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus.

The veteran's service-connected bilateral 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 the maximum of 10 percent, and no higher rating is warranted.

The veteran's service-connected bilateral tinnitus is assigned a 10 percent rating, the maximum rating authorized under Diagnostic Code 6260. There is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus.

The veteran's service-connected tinnitus is already assigned the maximum disability rating of 10 percent, and therefore separate ratings for each ear are denied.

The veteran's claim for an evaluation in excess of 10 percent for tinnitus, to include entitlement to a separate evaluation for each ear, is denied as the maximum schedular evaluation available under all applicable VA regulations has already been assigned.

The veteran's service-connected tinnitus is currently rated at the maximum of 10 percent, and no higher rating is warranted.

The veteran's service-connected bilateral tinnitus is already assigned the maximum rating of 10 percent, and no separate ratings are warranted.

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

The Board has determined that there was no clear and unmistakable error in the August 1994 decision granting a 10 percent rating for bilateral tinnitus, as the veteran is already receiving the maximum schedular rating allowed by the applicable regulations. Therefore, the claim of CUE is denied.

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

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.

The veteran's claim for separate 10 percent evaluations for each ear for bilateral tinnitus is denied as the maximum schedular evaluation available under both old and new versions of the governing regulation has already been assigned.

The veteran's tinnitus is already rated at the maximum allowable under VA regulations, so a separate rating for each ear is denied.

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

The veteran's initial rating for tinnitus has been denied as the maximum schedular rating of 10 percent is already in place.

The Board denied the veteran's claim of clear and unmistakable error in the February 1998 rating decision that granted service connection for tinnitus with a 10 percent disability evaluation, finding no legal basis for assigning a schedular evaluation in excess of 10 percent.

The Board found that the August 7, 1998 rating decision was correct in assigning a single 10 percent disability evaluation for tinnitus and did not contain clear and unmistakable error.

The veteran's service-connected tinnitus is properly evaluated as 10 percent disabling, and a separate rating for each ear is denied.