Tinnitus (ringing in the ears) decisions — 2006

The veteran's service-connected tinnitus is already receiving the maximum schedular disability rating of 10 percent, which is the highest available for bilateral tinnitus under the applicable rating criteria.

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

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

The veteran's claim for separate ratings for bilateral tinnitus is denied as a matter of law due to the interpretation of VA regulations by the Federal Circuit in Smith v. Nicholson, which limits the rating of tinnitus to a single schedular evaluation regardless of whether it is unilateral or bilateral.

The veteran's tinnitus is currently evaluated as 10 percent disabling, which is the maximum disability rating authorized under Diagnostic Code 6260. The RO denied the veteran's request for separate evaluations for each ear.

The veteran's service-connected bilateral tinnitus is assigned a maximum rating of 10 percent, and there are no provisions for separate ratings for each ear.

The veteran's claim for an evaluation in excess of 10 percent for bilateral tinnitus, including separate evaluations for each ear, is denied as there is no legal basis to assign a schedular evaluation greater than the maximum allowed under current regulations.

The veteran is receiving a 10 percent schedular rating for bilateral tinnitus, which is the maximum rating authorized under Diagnostic Code 6260. The legal criteria for separate schedular 10 percent disability ratings for tinnitus in each ear are not met as a matter of law.

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 request for a more than single, 10 percent rating for tinnitus was denied as there is no schedular basis for assigning such a rating.

The Board denied the appellant's request for a disability rating in excess of 10 percent for his service-connected bilateral tinnitus, finding that only a single 10 percent evaluation is authorized under Diagnostic Code 6260.

The veteran's appeal for separate 10 percent ratings for 'bilateral' tinnitus is denied as there is no legal basis to award such.

The Board found no clear and unmistakable error in the November 2001 rating decision that granted service connection for bilateral tinnitus and assigned a 10 percent rating, as Diagnostic Code 6260 did not allow for separate ratings for each ear.

The veteran's claim for a higher rating for tinnitus has been denied as the current single 10 percent evaluation is the maximum allowed under applicable VA rating criteria.

The Board found that the November 1988 rating decision was not clearly and unmistakably erroneous in assigning a 10 percent disability rating for bilateral tinnitus, as it considered the correct law and facts at the time.

The veteran's claim for a separate 10 percent evaluation for his service-connected tinnitus is denied as the condition already has a single 10 percent disability rating.

The veteran's claim for a higher rating for his service-connected bilateral tinnitus has been denied as he is already receiving the maximum schedular evaluation allowed under Diagnostic Code 6260.

The veteran's tinnitus disability is already rated at the maximum allowed under VA rating criteria, so no additional ratings can be granted.

The veteran's claim for separate 10 percent evaluations for tinnitus in each ear is denied as the maximum rating of 10 percent under Diagnostic Code 6260 applies to both unilateral and bilateral tinnitus.

The veteran's service-connected tinnitus is already assigned the maximum schedular rating of 10 percent, and therefore there is no legal entitlement for a separate 10-percent evaluation for each ear.