Tinnitus (ringing in the ears) decisions — 2008

The veteran's tinnitus is rated at the maximum schedular evaluation of 10 percent, and no higher rating is warranted. The veteran's hearing loss with tympanoplasty remains noncompensable. The veteran's dysthymic disorder continues to be rated at 30 percent. The veteran's post-concussion headaches remain rated at 10 percent.

The Board has determined that the veteran's current hearing loss and tinnitus are not related to service, and thus denied his claims for service connection.

The Board denied the veteran's claims for an earlier effective date for a compensable rating for cervical spine degenerative arthritis, service connection for diabetes mellitus and peripheral neuropathy. The RO found no evidence of an earlier claim or medical evaluation prior to December 10, 2003.

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

The Board denied the veteran's claims for a compensable rating for his service-connected bilateral hearing loss and a rating in excess of 10 percent for his service-connected bilateral tinnitus.

The Board has granted service connection for tinnitus, finding that it is related to the veteran's military service due to acoustic trauma.

The veteran's service-connected bilateral tinnitus has been assigned the maximum schedular evaluation available, and he is not entitled to separate evaluations for each ear.

The Board found that the veteran's current bilateral hearing loss and tinnitus are not related to his military service, as there is no evidence of such conditions during or immediately after service. The VA examinations did not provide a clear opinion on whether these conditions were caused by noise exposure in service.

The Board has determined that the veteran's tinnitus is not related to his military service and denied his claim for service connection.

The Board found no clear and unmistakable error in the December 1993 rating determinations that denied service connection for tinnitus, right ear hearing loss, and left ear hearing loss. The decisions are considered final as the veteran did not appeal them within the required time frame. New evidence received since the denial of service connection for right and left ear hearing loss does not raise a reasonable possibility of substantiating the claim, while new evidence received since the denial of service connection for tinnitus raises such a possibility.

The Board found that the veteran's current hearing loss and tinnitus disabilities are not related to his active service, including exposure to noise trauma. As a result, the claims for service connection were denied.

The Board has determined that the veteran's tinnitus was not incurred in or aggravated by his active duty service and therefore denied his claim for service connection.

The Board has remanded the case for further examination and opinion regarding service connection for hearing loss and tinnitus.

The veteran's appeal is being remanded for a Travel Board hearing at the Indianapolis, Indiana RO.

The veteran's PTSD is rated at 70 percent, and he is granted a total disability rating for individual unemployability due to service-connected disabilities.

The Board has determined that the veteran's bilateral hearing loss and tinnitus were not incurred in or aggravated by his military service, as there is no evidence of a nexus between his current conditions and his active duty. The VA examiner concluded that the veteran's sensorineural hearing loss was less likely than not related to his earlier incidents of perforated tympanic membranes during service.

The Board finds that the evidence is in equipoise as to whether the appellant currently has bilateral hearing loss and tinnitus that were incurred during his active military service. Service connection for these conditions is granted.

The Board denied the veteran's claims for service connection for hearing loss and tinnitus, as well as his claim for an increased rating for post-operative residuals of left shoulder subluxation. The Board found that there was no evidence to support a finding that the veteran's current hearing loss or tinnitus were incurred in service. For the shoulder disability, the Board noted that while the veteran had pain and stiffness, he did not have instability, giving away, fatigue, weakness, heat, or redness, and his symptoms were rated as 30 percent disabling based on limitation of motion to 25 degrees from the side.

The Board has determined that the veteran's bilateral sensorineural hearing loss and tinnitus were not incurred or aggravated by service, as there is no evidence of such conditions during service or within one year post-service. The medical opinions provided are against these claims.

The Board denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding that there was no evidence of in-service injury or disease related to these conditions. The Board also found that the presumptive provisions for service connection did not apply due to lack of medical evidence showing a relationship between current disabilities and military service.