Tinnitus (ringing in the ears) decisions — 2006

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

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowed under VA regulations, and no further increase in rating is warranted.

The Board denied the veteran's claim for separate compensable evaluations for his service-connected tinnitus, finding that a single 10 percent evaluation is the maximum rating available under Diagnostic Code 6260.

The veteran's appeal for separate 10 percent evaluations for service-connected bilateral tinnitus was denied as the maximum schedular rating of 10 percent has already been assigned.

The veteran's claim for separate 10 percent ratings for each ear for tinnitus is denied as the maximum schedular rating available (10%) has already been assigned.

The Board has denied the veteran's claim for separate schedular 10 percent disability ratings for bilateral tinnitus as there is no provision in the applicable rating criteria for such a determination.

The Board found that there was no clear and unmistakable error in the October 2000 rating decision, which assigned a 10 percent disability evaluation for service-connected tinnitus. The veteran's claim for separate ratings for tinnitus of each ear is denied.

The Board denied the veteran's claim for clear and unmistakable error in the October 2002 rating decision that awarded service connection for tinnitus with a 10 percent disability evaluation, finding no legal basis for assigning a schedular evaluation in excess of 10 percent for tinnitus.

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

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

The veteran's service-connected tinnitus is already assigned the maximum rating of 10 percent, and a separate rating for each ear is not available under current regulations. The claim for an increased rating is denied.

The veteran's claim for an increased rating for service-connected tinnitus was denied as the maximum schedular rating of 10% is already assigned.

The Board has determined that the October 2, 1997 rating decision did not constitute clear and unmistakable error of law in assigning a 10 percent rating for tinnitus.

The Board denied the claim of clear and unmistakable error in a July 2001 RO decision which granted service connection and a single 10 percent rating for tinnitus, finding that the law in effect at that time was correctly applied.

The July 1992 rating decision assigned a 10% disability rating for tinnitus, which was the maximum allowed under Diagnostic Code 6260. The Board determined that this decision did not contain CUE and represented the proper application of the law as in effect at that time.

The veteran's claim of clear and unmistakable error (CUE) in the October 29, 1985 rating decision is denied. The RO assigned a single compensable rating for bilateral tinnitus, which was consistent with the applicable regulations at that time.

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

The veteran's request for separate 10 percent disability ratings for each ear for tinnitus was denied. The appeal regarding the CUE in the rating decision that granted a 10 percent rating for tinnitus was dismissed without prejudice.

The veteran's claim for separate ratings for tinnitus in each ear is denied as the maximum schedular rating of 10 percent has been assigned. The motion alleging clear and unmistakable error (CUE) in the June 4, 1999 rating decision is dismissed without prejudice.

The Board found no clear and unmistakable error in the May 1989 rating decision assigning a single 10% rating for tinnitus, as the correct facts were known at that time and the law was correctly applied.