Tinnitus (ringing in the ears) decisions — 2006

The October 2002 rating decision assigning a 10 percent evaluation for tinnitus is not considered clearly and unmistakably erroneous, thus the claim is denied.

The veteran's claim for a rating higher than 10 percent for service-connected tinnitus was denied. The appeal regarding the June 2002 rating decision, which assigned only a 10 percent initial disability rating for bilateral tinnitus and did not assign separate ratings for each ear, was also denied due to lack of clear and unmistakable error (CUE).

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

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

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 Board found no clear and unmistakable error in the April 25, 1980 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 veteran's service-connected bilateral tinnitus is currently rated at 10 percent, which is the maximum rating authorized under Diagnostic Code 6260.

The Board has determined that there was no clear and unmistakable error in the January 1985 rating decision assigning a 10 percent evaluation for bilateral tinnitus, as the veteran is already receiving the maximum schedular rating available under Diagnostic Code 6260. The claim for CUE is denied.

The veteran's service-connected tinnitus has already been assigned the maximum schedular rating available for that disability, and therefore an evaluation in excess of 10 percent is denied.

The veteran's appeal for a separate 10 percent rating for his service-connected tinnitus is denied as the law does not allow for such a rating.

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 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 disability evaluation in excess of 10 percent for his bilateral tinnitus, to include entitlement to a separate compensable evaluation for each ear, is denied as the maximum schedular evaluation assignable for tinnitus has already been assigned.

The appellant's claim for an increased rating for tinnitus, to include separate evaluations for each ear, is denied as the maximum schedular evaluation of 10 percent has been assigned.

The veteran's service-connected bilateral tinnitus is rated at the maximum schedular rating of 10 percent and no legal basis exists for a higher rating. The claim is denied.

The July 1992 rating decision assigning a 10 percent evaluation for bilateral tinnitus is not considered clearly and unmistakably erroneous, as the current regulations allow only one disability rating for tinnitus regardless of whether it affects both ears.

The Board has determined that there was no clear and unmistakable error in the June 1992 decision granting a 10 percent evaluation for bilateral tinnitus, as the veteran is already receiving the maximum schedular rating available under applicable regulations. The appeal 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 a higher evaluation.

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