Tinnitus (ringing in the ears) decisions — 2006

The Board dismissed the appeal as there was no clear and unmistakable error in granting service connection for tinnitus with a single 10% evaluation.

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

The Board dismissed the appeal as there was no clear and unmistakable error in granting service connection for tinnitus with a single 10% evaluation, as per the applicable regulations.

The Board found that the January and February 2003 rating decisions, which granted a single 10 percent evaluation for bilateral tinnitus, were not clearly and unmistakably erroneous. The veteran's service-connected tinnitus has been assigned the maximum schedular evaluation available under Diagnostic Code 6260.

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

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

The veteran's service-connected tinnitus is already rated at the maximum allowed under the applicable rating criteria, so a higher rating is denied.

The veteran's initial 10 percent rating for tinnitus is denied as there is no legal basis to assign separate ratings for each ear.

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 service-connected bilateral tinnitus is already receiving the maximum schedular disability rating of 10 percent, and no higher rating can be assigned.

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 schedular 10 percent ratings for tinnitus in each ear was denied as the maximum schedular rating of 10 percent is already assigned under Diagnostic Code 6260.

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

The veteran's tinnitus is rated at the maximum allowable under VA regulations, and no higher rating can be assigned.

The Board found that the February 1982 rating decision was not clearly and unmistakably erroneous in assigning a 10 percent disability rating for bilateral tinnitus, as it applied existing regulations correctly.

The veteran's tinnitus is currently evaluated as 10 percent disabling under Diagnostic Code 6260, and the maximum schedular rating available for tinnitus. As there is no legal basis upon which to award separate schedular evaluations for tinnitus in each ear, the veteran's appeal must be denied.

The veteran's service-connected tinnitus is not a persistent symptom of head injury, concussion, or acoustic trauma. The RO initially assigned a noncompensable evaluation for tinnitus in May 1995 and later assigned a 10 percent evaluation effective June 10, 1999. There is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus.

The Board has determined that the veteran's current bilateral hearing loss and tinnitus are related to noise exposure during his service. The claim for hepatitis C is remanded due to unclear etiology.

The Board denied the veteran's claims for an earlier effective date for service connection and increased ratings for bilateral sensorineural hearing loss and tinnitus. The issues are now referred to the RO for further action.

The veteran's request for a Board hearing has not been conducted, and the appeal is remanded to ensure compliance with due process requirements.