Tinnitus (ringing in the ears) decisions — 2006

The veteran's claim for separate schedular 10 percent disability ratings for tinnitus in each ear is denied as there is no legal basis upon which to award such ratings.

The veteran's service-connected bilateral tinnitus is assigned a maximum rating of 10 percent, and the Board finds no legal basis for separate ratings.

The Board has remanded the case due to insufficient evidence regarding the connection between the appellant's tinnitus and in-service noise exposure.

The veteran's tinnitus is already rated at the maximum allowable under VA regulations, so he cannot receive separate ratings for each ear. The claim is denied.

The veteran's appeal for separate 10 percent ratings for tinnitus of each ear is denied as there is no legal basis to award such ratings given the maximum schedular rating available for tinnitus has already been assigned.

The veteran's service-connected tinnitus has been assigned the maximum schedular rating available, and there is no legal basis to award separate ratings for each ear. Therefore, his appeal for a higher initial rating is denied.

The veteran's claim for separate schedular 10 percent disability ratings for tinnitus in each ear is denied as there is no legal basis to award such ratings.

The Board found that the veteran's need for regular aid and attendance is not supported by evidence, as his service-connected anxiety disorder does not require such assistance.

The Board has determined that service connection is not warranted for tinnitus as there is no competent medical evidence linking the condition to service, despite significant noise exposure. The veteran's current recollections of when he first experienced tinnitus are inconsistent with his service records.

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 claim of entitlement to separate schedular 10 percent ratings for tinnitus in each ear is denied as there is no legal basis upon which to award such ratings.

The veteran's claim for an increased evaluation for tinnitus is denied as the maximum schedular evaluation of 10 percent has already been assigned.

The Board has remanded the case for further development and examination, including obtaining updated notice of what evidence has been received and not received by VA.

The Board has determined that the veteran's tinnitus is due to service, and therefore grants service connection for bilateral tinnitus. The left ear hearing loss claim is denied as it was not incurred in or aggravated by service.

The Board found no current diagnosis for bilateral hearing loss or tinnitus and concluded that the veteran did not have a disability to service connect. The evidence does not show any in-service noise exposure sufficient to cause current hearing loss or tinnitus.

The Board has remanded the veteran's claims for bilateral hearing loss and tinnitus due to incomplete development of evidence, including obtaining service medical records, audiometric test results, and other pertinent information. The case will be addressed as part of the remand development.

The veteran's service-connected tinnitus has been assigned the maximum schedular rating available, and there is no legal basis to award separate ratings for each ear. Therefore, his appeal must be denied.

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 Board denied an increased rating as there is no legal basis for a higher evaluation.

The veteran's claim for an increased evaluation for service-connected bilateral tinnitus, to include separate evaluations for each ear, is denied as the maximum schedular rating of 10% has been assigned.

The veteran's appeal for separate 10 percent ratings for tinnitus in both ears is denied as there is no legal basis to award such ratings given the maximum schedular rating available for tinnitus has already been assigned.