Tinnitus (ringing in the ears) decisions — 2006

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

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

The veteran's claim for an initial rating in excess of 10 percent for bilateral tinnitus, to include entitlement to a separate evaluation for each ear, is denied as the maximum schedular rating available under Diagnostic Code 6260 has already been assigned.

The veteran's claim for a higher rating for bilateral tinnitus, to include entitlement to separate evaluations for each ear, is denied as the maximum schedular rating of 10 percent has already been assigned.

The veteran's appeal for clear and unmistakable error in the October 1990 rating decision that assigned a 10 percent initial evaluation for bilateral tinnitus is denied. The law applied at the time was correctly applied, and there is no legal basis to award separate schedular evaluations for tinnitus in each ear.

The veteran's claim for a separate compensable evaluation for his service-connected tinnitus is denied as the condition is already assigned a single disability evaluation.

The veteran's claim for a separate 10% evaluation for his service-connected tinnitus is denied as the condition is already assigned a single disability evaluation of 10%. The new and old versions of Diagnostic Code 6260 preclude an evaluation in excess of this.

The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, the maximum rating authorized under Diagnostic Code 6260. The claim for an increased disability rating is denied as there is no legal basis to assign a schedular evaluation in excess of 10 percent.

The veteran's claim for separate 10 percent ratings for each ear for his service-connected tinnitus is denied as the version of Diagnostic Code 6260 in effect prior to June 13, 2003, required a single evaluation for recurrent tinnitus regardless of whether it was perceived in one ear or both ears.

The veteran's claim for a separate 10 percent rating for each ear for his service-connected tinnitus is denied as the maximum schedular rating available under current regulations has been upheld by the U.S. Court of Appeals for the Federal Circuit.

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.

The veteran's claim of clear and unmistakable error (CUE) in the December 1983 rating decision, which assigned a single 10 percent rating for bilateral tinnitus, is denied. The Board found that the correct facts were before the adjudicator at the time of the decision.

The Board found no clear and unmistakable error in the August 13, 1999 rating decision assigning a single 10% rating for tinnitus. The veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear is denied as a matter of law.

The Board found that the January 1994 rating decision did not have clear and unmistakable error in assigning a single 10 percent evaluation for tinnitus, which was present bilaterally. The veteran's claim is denied.

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

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 request for a higher rating for his bilateral tinnitus was denied as there is no legal basis to assign separate ratings for each ear.

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

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

The veteran's claim for a higher rating for bilateral tinnitus, to include entitlement to separate evaluations for each ear, is denied as the maximum schedular rating of 10 percent has already been assigned.