Tinnitus (ringing in the ears) decisions — 2006

The Board denied the veteran's claim for a rating higher than 10 percent for service-connected tinnitus and also denied his claim of clear and unmistakable error in the January 1991 rating decision assigning an initial 10 percent rating for tinnitus. The maximum schedular rating available under current regulations was assigned.

The veteran's service-connected tinnitus is already rated at the maximum allowed under the applicable rating criteria, and thus no additional compensation can be granted.

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

The Board has granted service connection for tinnitus, finding that the veteran's testimony of ongoing tinnitus since service and his military specialty raise a doubt in favor of the claim. Service connection for bilateral hearing loss was denied as there is no evidence linking it to service.

The Board denied the veteran's claim of clear and unmistakable error in an August 2002 rating decision that assigned a single, ten percent disability evaluation for bilateral tinnitus. The veteran appealed this decision, arguing that he should have received separate ratings for each ear due to recent legal developments. However, the Board found no CUE as the pre-1999 and pre-June 13, 2003 versions of Diagnostic Code 6260 required a single disability rating for tinnitus in both ears.

The Board has determined that the veteran's current tinnitus is at least as likely as not related to noise exposure during active duty, and service connection for this condition is granted.

The Board denied the veteran's claim for an earlier effective date of May 17, 2005 for his TDIU due to lack of factual ascertainability prior to that date and because he did not meet the schedular criteria for a total disability evaluation based on individual unemployability.

The veteran's service-connected tinnitus is already rated at the maximum allowed under Diagnostic Code 6260, so a higher rating cannot be granted.

The Board denied entitlement to earlier effective dates for the grant of service connection for tinnitus and hearing loss, finding that no earlier unadjudicated formal or informal claims were received.

The veteran's claims for service connection for various conditions, including PTSD and depression, were denied. The Board found no evidence of a current disability or in-service incurrence or aggravation of these conditions.

The veteran's claim for a separate 10 percent evaluation for his service-connected tinnitus is denied as the condition already has a single 10 percent rating assigned.

The veteran's service-connected tinnitus is assigned a maximum 10 percent rating, and there is no legal basis for the assignment of an initial schedular evaluation in excess of this.

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 veteran's service-connected bilateral tinnitus is currently evaluated as 10 percent disabling, which is the maximum rating authorized under Diagnostic Code 6260. There is no legal basis for an increased schedular evaluation.

The veteran's tinnitus is currently rated at the maximum schedular rating of 10 percent, and no higher. The appeal for a higher rating is denied.

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum rating available under Diagnostic Code 6260. The appeal for a higher evaluation is denied as there is no legal basis to award separate ratings for each ear.

The Board found no clear and unmistakable error in the December 15, 1993 rating decision that assigned a 10 percent evaluation for tinnitus.

The Board found no CUE in the September 1999 rating decision that assigned a single 10 percent evaluation for tinnitus, as the regulations at the time did not allow for separate evaluations based on bilateral perception of tinnitus.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are not related to his military service, as there is no evidence of in-service injury or disease. The preponderance of the evidence does not support a finding of service connection for these conditions.

The veteran's service-connected tinnitus is assigned the maximum schedular rating of 10 percent and he cannot be assigned separate ratings for each ear.