Tinnitus (ringing in the ears) decisions — 2006

The veteran's appeal for separate 10 percent ratings for tinnitus of each ear is denied as there is no legal basis to award such ratings given the maximum schedular rating available for tinnitus has already been assigned.

The veteran's claim for an increased rating for tinnitus, to include entitlement to a separate rating for each ear, is denied as the maximum schedular rating available under VA regulations has already been assigned.

The veteran's service-connected tinnitus has been rated at the maximum schedular evaluation of 10 percent. There is no legal basis to grant a higher rating, as the condition meets the criteria for the highest available evaluation under the applicable diagnostic code.

The veteran's service-connected tinnitus is currently assigned a 10 percent rating, which is the maximum rating authorized under Diagnostic Code 6260. The appeal for more than one 10 percent rating is denied.

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

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum rating available under Diagnostic Code 6260. The Board has determined that a higher evaluation cannot be granted as there is no legal basis for separate ratings in each ear.

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum schedular rating authorized under versions of Diagnostic Code 6260 in effect prior to and beginning June 13, 2003. The disability picture caused by the tinnitus is not so unusual as to render the application of the regular schedular rating provisions impractical.

The veteran's claim for an initial evaluation in excess of 10 percent for tinnitus has been denied. The maximum schedular rating available under Diagnostic Code 6260 is a single 10 percent evaluation, regardless of whether the tinnitus is perceived as unilateral or bilateral.

The veteran's claim for a higher rating for his service-connected tinnitus is denied as the maximum schedular rating of 10% has been assigned and upheld by the U.S. Court of Appeals for the Federal Circuit.

The Board found that the December 1999 rating decision was correct in assigning a single 10 percent disability evaluation for tinnitus, as it was consistent with the regulations in effect at the time. The veteran's claim of clear and unmistakable error (CUE) is denied.

The Board found that there was no clear and unmistakable error in the January 1994 rating decision, which granted service connection for tinnitus with a 10 percent disability evaluation. The veteran's claim for separate ratings for tinnitus of each ear is denied.

The Board denied the veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear, finding no clear and unmistakable error in the January 2002 rating decision that assigned a single 10% disability evaluation.

The veteran's claim of entitlement to separate 10 percent disability ratings for tinnitus in each ear is denied as there is no legal basis upon which to award such ratings.

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

The veteran's claim for a higher rating for tinnitus is being remanded due to the need for proper VCAA notification and development, including scheduling of a VA examination.

The veteran's claim for an increased disability rating for service-connected tinnitus is denied as the maximum schedular rating of 10 percent is already assigned.

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 service-connected tinnitus is currently rated at 10 percent, the maximum rating allowed under Diagnostic Code 6260. There is no legal basis for a higher evaluation.

The Board found that the veteran's tinnitus did not have its onset during service and is not attributable to service, thus denying his claim for service connection.

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