Tinnitus (ringing in the ears) decisions — 2006

The Board found that the veteran's current tinnitus is not causally related to his active service or any incident therein, and therefore denied his claim for service connection.

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 an initial rating in excess of 10 percent for service-connected bilateral tinnitus, to include entitlement to a separate evaluation for each ear, is denied.

The veteran's claim for an increased disability rating for service-connected tinnitus is denied as the maximum schedular rating available for tinnitus is 10 percent.

The Board has determined that the veteran's right ear hearing loss and tinnitus are not service-connected, as there is no evidence of a current disability during or within one year after service. The veteran's hearing was normal at separation from service.

The veteran's claim for a higher rating for tinnitus is denied as the maximum schedular rating of 10% has been assigned under the applicable VA regulations.

The veteran's appeal for a higher rating for bilateral tinnitus was denied as there is no legal basis to award separate ratings for each ear.

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 claim for separate 10 percent evaluations for each ear for bilateral tinnitus is denied as the maximum schedular evaluation available under both old and new versions of the governing regulation has already been assigned.

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

The veteran's service-connected tinnitus is assigned the maximum schedular rating of 10 percent, and he cannot be granted separate ratings for each ear as they are considered a single condition.

The veteran's service-connected 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 tinnitus is assigned the maximum schedular rating of 10 percent, and he cannot be granted separate ratings for each ear as they are considered a single condition.

The January 1990 rating decision assigned a 10 percent disability rating for tinnitus, which was the maximum available under Diagnostic Code 6260. The Board determined that this decision did not contain CUE and that the assignment of separate ratings for each ear is barred by current Diagnostic Code 6260.

The veteran's claim for separate ratings for tinnitus in each ear is denied as the maximum schedular rating of 10 percent has been assigned. The motion alleging clear and unmistakable error (CUE) in the September 13, 1994 rating decision is dismissed without prejudice.

The Board found no clear and unmistakable error in the December 2001 rating decision assigning a single 10% disability 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 assigned the maximum schedular rating of 10 percent, and he cannot be granted separate ratings for each ear as it would violate the regulations.

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

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

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