Tinnitus (ringing in the ears) decisions — 2006

The veteran's tinnitus is rated at the maximum allowable under VA regulations, and there is no basis for a higher rating. The claim of clear and unmistakable error in the February 2001 decision is denied.

The veteran's claim for a higher rating for tinnitus is denied as the maximum schedular rating of 10% has been assigned and no extraschedular consideration is warranted.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and conducting examinations.

The Board found that the veteran's current bilateral tinnitus was first clinically manifest many years after his discharge from active service, and is unrelated to disease or injury in active service. Therefore, the claim for service connection for bilateral tinnitus was denied.

The Board has granted a 10 percent evaluation for recurrent tinnitus in the left ear, finding that it is recurrent and warrants such an evaluation.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are due to noise exposure during his period of service, and thus grants service connection for these conditions.

The veteran's service-connected tinnitus has been assigned the maximum schedular rating available (10 percent), and there is no legal basis for separate ratings for each ear.

The Board has granted service connection for tinnitus and a compensable evaluation for bilateral hearing loss, finding that the veteran's conditions are related to his military service.

The veteran's claim for an initial evaluation in excess of 10 percent for tinnitus is denied as the maximum schedular evaluation available (10%) has already been assigned.

The veteran's service-connected tinnitus is already receiving the maximum disability rating available under applicable regulations, a 10 percent evaluation. Therefore, there is no legal basis for assigning a higher evaluation.

The Board has determined that there is no credible evidence to support the veteran's claims for service connection for PTSD, bilateral hearing loss, tinnitus, and arthritis of the knees, back, and left elbow. The preponderance of the evidence does not show these conditions were incurred or aggravated during active military service.

The Board finds that the veteran has tinnitus as a result of acoustic trauma in service and grants service connection for this condition. The veteran does not have peripheral neuropathy associated with his service or a service-connected disorder, thus denying service connection for this issue. For dysthymic disorder, the Board finds that the disability is moderately disabling but does not meet the criteria for a higher rating.

The veteran's service-connected tinnitus is currently evaluated as 10 percent disabling, and the Board finds no legal basis for a higher rating.

The Board has denied the veteran's claims for earlier effective dates for service connection for bilateral hearing loss and tinnitus, finding that there is no evidence of a claim prior to October 23, 2002.

The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, the maximum rating authorized under VA's Rating Schedule. The Board finds that there is no legal basis for assigning a schedular evaluation in excess of 10 percent for bilateral tinnitus.

The veteran's initial evaluation for tinnitus was denied as there is no legal basis to grant a higher rating. The issue of his right shoulder disability remains pending and will be remanded.

The Board found no clear and unmistakable error in the May 2001 decision that granted a single 10 percent rating for tinnitus, as the correct facts were before the adjudicator at the time and the law was correctly applied.

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

The veteran's claim for an increased disability rating for service-connected tinnitus was denied as the maximum schedular rating of 10% is available under current regulations.

The Board has determined that there is no clear and unmistakable error in the decision of December 2002 assigning a single 10 percent rating for tinnitus.