Tinnitus (ringing in the ears) decisions — 2006

The Board found no clear and unmistakable error in the June 1998 rating decision assigning a single 10 percent rating for tinnitus, as the correct facts were known at that time and the law was properly 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 properly evaluated as 10 percent disabling.

The Board denied the claim of clear and unmistakable error (CUE) in a 2000 rating decision that granted service connection for tinnitus with a single 10% disability rating.

The veteran's service-connected bilateral tinnitus is already assigned the maximum evaluation of 10 percent, and therefore separate evaluations for each ear are denied.

The veteran's claim for a higher rating for his service-connected tinnitus, which is currently rated at 10 percent under the current version of Diagnostic Code 6260, has been denied as there is no legal basis to assign a schedular rating higher than 10 percent.

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 appeal for separate 10 percent ratings for tinnitus of each ear was denied as there is no legal basis to award such ratings given the maximum schedular rating available for tinnitus has already been assigned.

The veteran's claim for a rating in excess of 10 percent for his service-connected bilateral tinnitus has been denied as he is already receiving the maximum schedular disability rating available under the applicable regulations.

The veteran's appeal for a rating in excess of 10 percent for tinnitus, to include separate ratings for each ear, is denied as the maximum schedular evaluation (10%) has already been assigned.

The veteran's tinnitus disability is already rated at the maximum allowed under VA rating criteria, and no separate ratings for each ear are warranted.

The veteran's appeal for separate 10 percent ratings for tinnitus of each ear was denied as there is no legal basis to award such ratings given the maximum schedular rating available for tinnitus has already been assigned.

The veteran's service-connected tinnitus is already assigned the maximum rating of 10 percent, and no higher evaluation can be granted under current regulations.

The veteran's service-connected bilateral tinnitus is assigned a 10 percent evaluation, the maximum authorized under Diagnostic Code 6260. There is no legal basis for separate 10 percent evaluations for tinnitus in each ear.

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowed under VA regulations, so no higher rating can be granted.

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

The veteran's tinnitus disability is already rated at the maximum allowed under VA rating criteria, and thus no separate ratings for each ear are warranted.

The Board denied service connection for myositis and an ear disorder, but did not address the claims of bronchitis and duodenal ulcer.

The Board has determined that the veteran's current bilateral hearing loss and tinnitus are related to noise exposure during his military service, and thus grants service connection for these conditions.

The Board denied the veteran's claim for an increased disability rating for his service-connected tinnitus, finding that a single 10 percent evaluation is the maximum allowed under current regulations.

The Board denied the veteran's claims for service connection for cold injury residuals, peripheral neuropathy, a circulatory disorder, bilateral defective hearing, and tinnitus. The evidence did not establish that these conditions were incurred or aggravated by military service.