Tinnitus (ringing in the ears) decisions — 2006

The veteran's claim for a higher rating for tinnitus was denied as the maximum schedular rating of 10 percent is already assigned under current regulations.

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

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

The veteran's claim for separate 10 percent ratings for each ear for tinnitus was denied. The motion alleging clear and unmistakable error in the September 20, 2002 rating decision which granted service connection for tinnitus and assigned a 10 percent rating was dismissed without prejudice.

The Board denied the veteran's claim for separate schedular 10 percent disability ratings for bilateral tinnitus, finding that under both the former and revised versions of Diagnostic Code 6260, a single 10 percent rating is the maximum available for tinnitus.

The veteran's claim for separate schedular ratings of 10 percent each ear for tinnitus is denied as the maximum schedular rating available under Diagnostic Code 6260, regardless of whether perceived in one or both ears, is a single 10 percent.

The veteran's claim for separate ratings for bilateral tinnitus is denied as a matter of law.

The Board found no clear and unmistakable error in the April 26, 1996 rating decision that assigned a 10 percent rating for both ears for tinnitus with benign positional vertigo. The claim is denied.

The March 1999 rating decision assigning an initial 10 percent disability evaluation for tinnitus was not found to contain clear and unmistakable error. The issue of reopening the claim for compensation under 38 U.S.C.A. § 1151 for a left knee disability is remanded.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for residuals of a back injury. The issue of entitlement to service connection for tinnitus is addressed in the REMAND portion of this decision.

The Board has determined that the veteran does not have tinnitus or headaches due to head trauma incurred in service, and thus denied his claim for service connection.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding no evidence of a current disability meeting VA criteria for hearing loss or tinnitus within 55 years after discharge from service. The only opinion provided did not provide persuasive support for the claim.

The Board has remanded the case due to inadequate VCAA notice, and further development is required before a final decision can be made.

The veteran's claim for separate compensable evaluations for bilateral tinnitus is denied as he has already received the maximum schedular evaluation available under Diagnostic Code 6260.

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

The Board has remanded the case for further development, including an otolaryngologist's opinion on the etiology of the veteran's hearing loss and tinnitus.

The veteran's claim for a rating in excess of 10 percent for service-connected tinnitus is denied as the maximum schedular evaluation under applicable regulations has already been assigned.

The veteran's appeals for increased ratings were denied. The cardiovascular disability, traumatic 6th cranial nerve partial palsy with diplopia, and tinnitus all had their evaluations either denied or not addressed in the decision.

The Board has decided to grant the veteran's claim for service connection for tinnitus.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's tinnitus is related to service exposure, and will be reviewed again after a VA examination.