Tinnitus (ringing in the ears) decisions — 2006

The veteran's appeal is being remanded for additional development, including a new examination to assess his current hearing loss and tinnitus conditions.

The veteran's claim for separate compensable evaluations for tinnitus is denied as he is already receiving the maximum schedular evaluation for tinnitus.

The veteran's service-connected tinnitus is assigned a 10 percent evaluation, the maximum evaluation authorized under Diagnostic Code 6260. There is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for tinnitus.

The veteran's service-connected tinnitus is already receiving the maximum rating of 10 percent, and no further increase in rating is warranted.

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

The veteran's service-connected bilateral tinnitus is rated at the maximum schedular rating of 10 percent. The appeal for a higher rating is denied as there are no legal grounds to award separate ratings for each ear, and no factors warranting extraschedular consideration have been shown.

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

The veteran's claim for a separate 10 percent evaluation for his service-connected tinnitus is denied as the regulation only allows for a single 10 percent 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 separate 10 percent ratings for tinnitus in each ear is denied as the current version of Diagnostic Code 6260 precludes such evaluations.

The veteran's request for separate 10 percent ratings for his service-connected bilateral tinnitus was denied because the condition is assigned a single 10 percent disability rating under applicable legal authority.

The veteran's claim for separate schedular ratings for tinnitus in each ear is denied as the maximum schedular rating of 10 percent is already assigned.

The Board denied the appellant's request for separate schedular 10 percent ratings for his service-connected bilateral tinnitus, as there is no provision for assignment of a separate rating for tinnitus in each ear under applicable VA regulations.

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

The veteran's claim for a rating in excess of 10 percent for tinnitus, to include based on assignment of a separate rating for each ear, is denied as the revised version of Diagnostic Code 6260 prohibits a schedular rating in excess of 10 percent for tinnitus.

The Board has determined that there was no clear and unmistakable error in the March 1980 decision granting a 10 percent evaluation for tinnitus, as the correct facts were before the adjudicator at the time of the decision. The veteran is already receiving the maximum schedular rating available under Diagnostic Code 6260.

The Board has remanded the case for further development and examination, including obtaining service medical records and arranging for VA examinations to determine the nature, extent, and etiology of any manifested nasal condition, sinusitis, lower back and neck condition, residuals of injury to the skull, hearing loss, tinnitus, and depression.

The veteran's claim for an initial, separate 10 percent rating for each ear for his service-connected tinnitus must be denied under both the old and current versions of DC 6260. As the service-connected tinnitus has been assigned the maximum schedular rating available for tinnitus by regulation and DC 6260, which has been upheld by the U.S. Court of Appeals for the Federal Circuit, there is no legal basis upon which to award a separate, 10 percent rating for tinnitus.

The veteran's request for separate 10 percent disability ratings for tinnitus in each ear is denied as there is no legal basis to award such ratings given the maximum schedular rating of 10 percent already assigned.

The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, the maximum rating allowed under Diagnostic Code 6260. The Board has determined that there is no legal basis for assigning a higher evaluation.