Tinnitus (ringing in the ears) decisions — 2006

The Board found no clear and unmistakable error in the December 1993 rating decision that assigned a single 10 percent rating for tinnitus, thus denying the appeal.

The veteran's bilateral tinnitus is currently rated at the maximum schedular rating of 10 percent, and no higher evaluation is warranted under VA regulations.

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

The veteran's service-connected tinnitus is currently rated at 10 percent, the maximum rating available under Diagnostic Code 6260. The Board finds that a higher evaluation is not warranted as there is no legal basis to award separate schedular evaluations for bilateral tinnitus.

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

The veteran's service-connected bilateral tinnitus has been rated at the maximum schedular rating of 10 percent. As there is no legal basis for a higher evaluation, his appeal is denied.

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. Therefore, his appeal must be denied.

The veteran's claim for separate 10% ratings for tinnitus in each ear is denied as the service connection is determined to be direct and a single 10% rating has already been assigned.

The Board found no clear and unmistakable error (CUE) in the May 2001 rating decision that assigned a 10 percent evaluation for bilateral tinnitus, as the current version of Diagnostic Code 6260 precluded an evaluation in excess of a single 10 percent rating.

The April 1986 rating decision assigning a 10 percent initial disability evaluation for tinnitus was not found to contain clear and unmistakable error (CUE).

The Board has determined that there is no clear and unmistakable error in the September 1983 rating decision assigning a single 10 percent evaluation for tinnitus.

The Board found no clear and unmistakable error in the October 2002 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 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 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 each ear under applicable VA regulations.

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

The Board found no clear and unmistakable error in the December 1999 rating decision which assigned a single 10 percent rating for bilateral tinnitus, as the regulations governing its rating did not incorrectly apply at that time.

The veteran's service-connected bilateral tinnitus is currently rated at the maximum of 10 percent, and there is no legal basis to grant a higher rating.

The Board found no legal basis for a schedular evaluation in excess of 10 percent for bilateral tinnitus and determined that the June 1992 RO decision did not contain clear and unmistakable error.

The veteran's claim for a separate 10 percent evaluation for his service-connected tinnitus is denied as the current regulations only allow for a single 10 percent rating regardless of whether the tinnitus affects one or both ears.

The veteran's claim for separate 10 percent ratings for each ear for tinnitus was denied. The motion alleging clear and unmistakable error (CUE) in the May 25, 1996 rating decision was dismissed without prejudice.