Tinnitus (ringing in the ears) decisions — 2006

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

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

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

The veteran's claim for a separate 10 percent evaluation for the service-connected tinnitus is denied as per VA regulations.

The veteran's service-connected tinnitus has been assigned the maximum schedular rating available, and there is no legal basis for a separate evaluation in each ear. As such, the appeal must be denied.

The Board found that the July 1996 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 claim for separate 10 percent evaluations for each ear for bilateral tinnitus is denied as the maximum schedular evaluation available under all applicable VA regulations has already been assigned.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for bilateral hearing loss and tinnitus. The veteran served in active duty, ACDUTRA, and INACDUTRA in the Army National Guard, which is considered active military service. His audiometric test results show an upward trend during his service period, indicating potential noise-induced hearing impairment. Service connection has been granted for bilateral hearing loss as a result of acoustic trauma sustained while serving in the Army National Guard.

The veteran's claim for an increased rating for his service-connected tinnitus was denied as there is no legal basis to assign a schedular evaluation in excess of the maximum allowed under VA regulations.

The veteran's appeal for increased ratings and service connection was denied. The RO found no legal basis to grant separate ratings for bilateral tinnitus, as the maximum schedular rating under Diagnostic Code 6260 is already assigned.

The veteran's claim for separate 10 percent ratings for each ear for tinnitus is denied as the maximum schedular rating available under Diagnostic Code 6260 has already been assigned.

The veteran's service-connected tinnitus is already assigned the maximum rating of 10 percent, and a separate compensable evaluation for each ear is denied.

The veteran's service-connected bilateral tinnitus is currently rated at 10 percent, the maximum rating authorized under Diagnostic Code 6260. The claim for an increased disability rating is denied as there is no legal basis to assign a schedular evaluation in excess of 10 percent.

The veteran's service-connected 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, the maximum rating authorized under Diagnostic Code 6260. The claim for a higher initial rating is denied.

The veteran's claim for a separate evaluation for each ear for service-connected tinnitus was denied as there is no legal basis to award such an evaluation.

The veteran's service-connected bilateral tinnitus is assigned a maximum 10 percent disability rating, as the VA regulations only allow for one 10 percent rating regardless of whether it affects both ears or just one.

The veteran's service-connected bilateral tinnitus is already rated at the maximum allowable under Diagnostic Code 6260, and thus no higher rating can be granted.

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

The veteran's claim for separate ratings for tinnitus in each ear is denied. The motion alleging clear and unmistakable error (CUE) in the October 24, 1991 rating decision is dismissed without prejudice.