Tinnitus (ringing in the ears) decisions — 2006

The Board has determined that there was no clear and unmistakable error in the October 1994 decision granting a 10 percent evaluation for tinnitus, as the correct facts were before the RO at the time of the decision. The veteran is already receiving the maximum schedular rating available under Diagnostic Code 6260.

The Board denied the veteran's claims for increased ratings for shell fragment wound scars of his lower extremities, finding no evidence to support service connection or an increase in disability rating.

The veteran's bilateral hearing loss and tinnitus did not begin during service or as a consequence of activities performed during active service. The veteran's current knee disability is not presumed to have been incurred in service, nor is it due to an already service-connected condition. Service connection for these conditions is denied.

The veteran is receiving a 10 percent schedular rating for bilateral tinnitus, which is the maximum rating authorized under Diagnostic Code 6260. The legal criteria for separate schedular 10 percent disability ratings for tinnitus in each ear are not met as a matter of law.

The veteran's service-connected tinnitus is properly evaluated as 10 percent disabling, and a rating in excess of this is denied.

The veteran's service-connected bilateral tinnitus is currently rated at the maximum of 10 percent, and there is no legal basis for a higher rating.

The veteran's service-connected bilateral 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 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 currently rated at 10 percent, the maximum rating allowed under Diagnostic Code 6260. There is no legal basis for a higher rating.

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowable under VA regulations, 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 separate ratings in each ear.

The Board found that there was no clear and unmistakable error in the September 1988 and May 2000 rating decisions, as the veteran's service-connected tinnitus has been assigned the maximum schedular rating available for tinnitus.

The Board has determined that the veteran does not meet the criteria for service connection for bilateral knee disabilities, arthritis of the hips, arthritis of the feet, hypertension, or tinnitus due to lack of a justiciable controversy. The claims for these conditions are dismissed. Service connection is denied for all other issues on appeal.

The Board has determined that the veteran does not have a current right knee disorder, bilateral hearing loss, or tinnitus. Therefore, service connection for these conditions is denied.

The veteran's claim for a schedular rating in excess of 10 percent for bilateral tinnitus has been denied as he is already receiving the maximum schedular rating authorized under Diagnostic Code 6260.

The veteran's claim for a higher rating for bilateral tinnitus is denied as the condition has already been assigned the maximum schedular rating available under Diagnostic Code 6260.

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

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

The veteran's request for an increased evaluation for bilateral tinnitus, currently rated at 10 percent, has been denied as there is no legal basis to award separate schedular evaluations for each ear.

The veteran's service-connected tinnitus is already rated at the maximum allowed under Diagnostic Code 6260, and thus a separate evaluation for each ear cannot be granted.