Tinnitus (ringing in the ears) decisions — 2007

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

The Board has determined that the veteran does not have right ear hearing loss or tinnitus attributable to his period of service. The skin disorder is presumed to be related to herbicide exposure during service.

The veteran's initial claim for a compensable rating for bilateral hearing loss was granted, but the effective date of his tinnitus service connection is denied as it cannot be earlier than April 3, 2003.

The Board has determined that the veteran's service-connected PTSD contributed substantially and materially to his death from congestive heart failure, granting the claim for service connection for the cause of the veteran's death.

The Board finds that the veteran's hearing loss and tinnitus do not warrant a higher rating under VA regulations.

The Board has determined that the veteran does not have a current disability of tinnitus and therefore, service connection for tinnitus is denied.

The Board denied the veteran's request for a workshop, equipment and supplies to continue his matting and framing pursuits under Chapter 31, Individual Independent Living Program due to the lack of necessity in improving his independence in daily living.

The Board denied service connection for bilateral leg conditions, hepatitis C, and tinnitus. The veteran's current diagnoses of hepatitis C are not related to his military service, and the right knee condition is considered a direct result of in-service injuries.

The Board has reopened the claim for service connection for residuals of prostate cancer due to new and material evidence. However, further development is needed before these claims can be decided on their merits.

The Board has denied the veteran's claims to reopen his service connection for hearing loss and tinnitus due to lack of new and material evidence.

The Board has denied the veteran's claims for higher initial ratings for his service-connected idiopathic hematuria and hearing loss in the left ear, as well as his claim of service connection for tinnitus. The veteran is not entitled to a compensable rating for these conditions.

The Board denied the veteran's claims for service connection for jungle rot and tinnitus, finding no competent evidence linking these conditions to his military service.

The Board has determined that the veteran's claimed disabilities, including right ankle disorder, left ankle disorder, right knee disorder, low back disorder, right shoulder disorder, left shoulder disorder, migraine headaches, tinnitus, and a disability manifested by vertigo, were not incurred or aggravated during his period of active duty service. The evidence does not support a finding that any of these conditions are related to service.

The veteran is seeking earlier effective dates for various service-connected conditions and increased ratings.,The veteran seeks an earlier effective date for his service connection for postoperative residuals of left knee surgery, with arthritis of the left knee.,The veteran seeks an earlier effective date for his service connection for right knee arthritis with chronic right knee pain.,The veteran seeks an earlier effective date for his service connection for disc herniation at L3-4.,The veteran seeks an earlier effective date for his service connection for post-traumatic headaches.,The veteran seeks an earlier effective date for his service connection for tinnitus.,The veteran seeks a higher rating for PTSD, specifically seeking an earlier effective date for the 100 percent evaluation.,The veteran seeks an earlier effective date for special monthly compensation based on housebound status.,The veteran seeks an earlier effective date for Dependents' Assistance Allowance under 38 U.S.C.A. Chapter 35.,The veteran seeks increased ratings for his service-connected conditions, including disc herniation at L3-4 and post-traumatic headaches.,The veteran seeks a higher rating for right knee arthritis with chronic right knee pain.,The veteran seeks an increased (compensable) rating for the scar near the right eyebrow.,The veteran seeks an increased rating for bilateral hearing loss.

The Board has determined that a remand is necessary to obtain personnel records and determine if the veteran was exposed to noise during service, and to provide an examination to assess whether his current hearing loss and tinnitus are related to his military service.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection for hearing loss and tinnitus. However, a bilateral foot condition is found to be related to active duty service.

The Board has determined that the veteran's current bilateral hearing loss and tinnitus are related to his service, meeting the criteria for service connection.

The VA denied the veteran's claim for a compensable rating under 38 U.S.C.A. § 1151 for tinnitus, finding that his condition existed prior to receiving antiretroviral medication and that the increase in severity did not warrant an increased evaluation.

The veteran's claim for a higher rating for PTSD, bilateral hearing loss, and tinnitus has been granted. The effective date for the increased ratings is June 7, 2001. Additionally, the veteran's claim for an earlier effective date for TDIU (Total Disability Rating Based on Individual Unemployability) remains pending.

The veteran's claim of entitlement to separate schedular 10 percent disability ratings for tinnitus in each ear is denied as there is no legal basis upon which to award such ratings.