Tinnitus (ringing in the ears) decisions — 2006

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 service-connected tinnitus is assigned a 10 percent rating, the maximum rating authorized under Diagnostic Code (DC) 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 receiving the maximum evaluation authorized under Diagnostic Code 6260, which is a single 10 percent rating for recurrent tinnitus in either ear. The veteran cannot receive a higher evaluation as it would be contrary to the regulations.

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

The veteran's claim for separate 10 percent ratings for each ear of his service-connected tinnitus is denied as the maximum schedular evaluation has already been assigned.

The veteran's tinnitus disability is already rated at the maximum allowed under VA rating criteria, and no separate ratings for each ear are warranted.

The Board has determined that there was no clear and unmistakable error in the May 2000 rating decision which awarded service connection for tinnitus and assigned a 10 percent disability evaluation. The veteran's claim is denied.

The July 1988 rating decision that granted service connection for tinnitus and assigned a single 10 percent rating is not considered to contain clear and unmistakable error (CUE).

The veteran's request for separate 10 percent disability ratings for each ear for tinnitus was denied as there is no provision for such under the applicable diagnostic code.

The veteran's service-connected tinnitus has been assigned the maximum schedular rating available, and a separate evaluation for each ear is not warranted. The appeal is denied.

The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 6260. The Board finds that a higher evaluation is not warranted as there is no legal basis to award separate schedular evaluations for tinnitus in each ear.

The veteran's service-connected bilateral tinnitus is currently rated at the maximum of 10 percent, and there is no legal basis to grant a higher rating.

The Board has remanded the case due to a need for compliance with VCAA requirements, including providing proper notice and assistance.

The veteran's appeal for separate 10 percent ratings for tinnitus disability is denied as there is no legal basis to award such. The denial of clear and unmistakable error in prior rating decisions which initially assigned a single rating and/or continued such single rating is also denied.

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum rating allowed under Diagnostic Code 6260. The Board denied an increased rating as there is no legal basis for a separate rating for each ear.

The Board found no clear and unmistakable error in the February 1983 rating decision assigning a single 10% rating for tinnitus, as the correct facts were known at that time and the law was correctly applied.

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

The veteran's claim for a separate compensable evaluation for the service-connected tinnitus is denied as per VA regulations, which only allow for a single 10% disability rating regardless of whether the tinnitus affects one ear or both.

The veteran's tinnitus disability is already rated at the maximum allowed under VA rating criteria, and no separate ratings for each ear are warranted.

The veteran's claim for separate compensable evaluations for tinnitus in each ear was denied as there is no legal basis to award such ratings given the maximum schedular rating available for tinnitus.