Tinnitus (ringing in the ears) decisions — 2006

The veteran's service-connected bilateral tinnitus is already assigned the maximum 10 percent rating, so a separate rating for each ear cannot be granted.

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

The veteran's claim for a separate 10 percent rating for each ear for bilateral tinnitus is denied as there is no legal entitlement to such ratings.

The veteran's claim for separate 10 percent ratings for each ear for his service-connected tinnitus must be denied under Diagnostic Code 6260, as in effect both prior and subsequent to June 13, 2003.

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 appeal for separate 10 percent ratings for 'bilateral' tinnitus is denied as there is no legal basis to award such.

The veteran's service-connected bilateral tinnitus is already assigned the maximum rating of 10 percent, and no separate ratings for each ear are allowed under current regulations.

The Board denied the veteran's claim for service connection for chronic tinnitus, finding that his reported onset of tinnitus was not credible and thus he did not meet the evidentiary burden to establish an inservice onset or etiology.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA examination to determine the nature, extent, and etiology of his service-connected hearing loss and tinnitus.

The Board has granted service connection for bilateral hearing loss and denied service connection for tinnitus. The veteran's left knee degenerative joint disease, left knee arthrotomy residuals, and right knee disability are each rated at the maximum schedular rating of 20 percent. The veteran's right wrist injury is currently evaluated as a non-compensable disability.

The veteran's claims for increased ratings for tinnitus and degenerative disc disease of the lumbar spine were denied as there is no legal basis for assigning a schedular evaluation in excess of 10 percent for each condition.

The veteran's service-connected tinnitus is already receiving the maximum evaluation authorized under Diagnostic Code 6260, a 10 percent disability rating. The Board finds that there is no legal basis for assigning a schedular evaluation in excess of this.

The Board found no current disabilities for the low back, right knee, or right ankle. The hearing loss was within normal limits. Service connection is denied as there is no evidence of a diagnosed disability in service and no medical nexus to service.

The veteran's service-connected bilateral tinnitus is already assigned the maximum rating of 10 percent, and therefore no legal basis exists for a separate schedular evaluation in each ear.

The veteran's request for separate 10 percent disability ratings for each ear for tinnitus was denied as there is no legal basis to award such ratings given the current diagnostic code and previous versions of DC 6260.

The Board found no clear and unmistakable error in the March 2000 rating decision assigning a single 10% rating for tinnitus, as the correct facts were known at that time and the law was correctly applied. The veteran's claim of entitlement to separate ratings for tinnitus perceived in each ear is denied as a matter of law.

The veteran's service-connected tinnitus is already assigned the maximum schedular rating of 10 percent, and separate ratings for each ear are denied as a matter of law.

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

The veteran's request for separate 10 percent disability ratings for each ear for tinnitus was denied as there is no legal basis to award such ratings given the current diagnostic code and previous versions of DC 6260.

The veteran's service-connected bilateral tinnitus is rated at the maximum schedular rating of 10 percent and no legal basis exists for a higher rating. The claim is denied.