Tinnitus (ringing in the ears) decisions — 2006

The Board has decided to remand the case for further examination and readjudication due to inconsistencies in the opinions provided regarding the etiology of the veteran's hearing loss and tinnitus.

The Board has remanded the case to the RO for additional development, including obtaining medical records and ensuring compliance with VCAA requirements.

The veteran's appeal for an initial rating in excess of 10 percent for tinnitus has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for a VA examination to determine if there was any additional disability due to fault on VA's part in furnishing medical care.

The Board has determined that the veteran's tinnitus is related to his service due to exposure to loud noise during his time as an infantryman in the Marine Corps.

The veteran's service-connected disabilities do not preclude all forms of substantially gainful employment consistent with his educational background and occupational experience.

The veteran's service-connected low back disability is rated at 40 percent, effective December 2003. The claim for tinnitus was granted.

The veteran's service-connected psychosis is granted as secondary to his service-connected tinnitus. The veteran's service-connected tinnitus is rated at the maximum schedular rating of 10 percent, and no further extraschedular consideration is warranted.

The veteran's bilateral hearing loss is service-connected, but his tinnitus and claimed PTSD are not. The appeal for PTSD remains pending as the issue of whether it was incurred in service or if there is a link to service is unclear.

The veteran's service-connected tinnitus is already receiving the maximum rating of 10 percent, and no further increase in evaluation is warranted.

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

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 bilateral tinnitus is already assigned the maximum rating of 10 percent, so separate ratings for each ear are denied.

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

The veteran's service-connected bilateral tinnitus is assigned a maximum 10 percent disability rating, as the VA regulations only allow for one 10 percent rating regardless of whether it affects both ears or just one.

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 schedular rating of 10 percent, and no higher rating can be granted under current regulations.

The veteran's claim for separate compensable evaluations for service-connected tinnitus in each ear was denied as the law does not permit such a division of ratings under the applicable VA rating criteria.

The veteran's service-connected bilateral tinnitus is assigned a maximum 10 percent evaluation, and no higher. The claim for an increased evaluation is denied.

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