Tinnitus (ringing in the ears) decisions — 2008

The Board has remanded the veteran's claims due to incomplete information and need for additional examinations.

The veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration (SSA) records and VA treatment records.

The Board denied the veteran's claims for service connection for various conditions, finding that new and material evidence had not been received to reopen his left foot disorder claim. The other claims were also denied.

The veteran is attempting to advance a claim for an earlier effective date for awards of service connection for bilateral hearing loss and bilateral tinnitus. However, as noted above, the United States Court of Appeals for Veterans Claims (Court) has made it clear that there can be no 'freestanding' claim for an earlier effective date, because to allow such a claim would be contrary to the principles of finality set forth in 38 U.S.C.A. § 7105. The appeal is dismissed.

The Board denied the veteran's claim for an earlier effective date for service connection of bilateral hearing loss and tinnitus, finding that no formal or informal claims were filed before March 29, 2002.

The Board has granted service connection for PTSD, finding that the veteran's recollections of his experiences in World War II are consistent with the nature and circumstances of combat action. The veteran is not entitled to service connection for bilateral hearing loss or tinnitus as there was no medical evidence provided by VA.

The Board denied the veteran's claims for service connection for tinnitus, left knee disorder, and left ankle disorder. The decision found no evidence of a current disability related to these conditions, and the medical opinion provided did not support a nexus between any diagnosed condition and service.

The Board has determined that additional development is needed to obtain missing service treatment records, private audiological examination reports, and VA treatment records. The veteran's claims for hearing loss, tinnitus, diabetes mellitus, and hypertension are currently under review.

The Board denied the veteran's claims for service connection for bilateral hearing loss and tinnitus, finding no evidence of current disabilities or a relationship to service.

The Board denied service connection for bilateral hearing loss, bilateral tinnitus, and Meniere's syndrome. The veteran was not granted service connection for an anxiety disorder as secondary to the service-connected shell fragment wound to the right arm and wrist.,Service connection was denied because there is no medical evidence of a causal link between the claimed conditions and active duty service.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are not related to his active service, as evidenced by a lack of in-service complaints or treatment for these conditions. The VA audiologist found no connection between the veteran's current hearing disability and military noise exposure.

The Board finds that the veteran's current bilateral hearing loss and tinnitus are attributable to active service, including his combat service in Korea. Therefore, service connection is granted for both conditions.

The Board finds that the evidence is at least in relative equipoise as to whether the veteran's service-connected PTSD results in total occupational and social impairment, resulting in a mixed disposition for this issue. The veteran's tinnitus claim was denied due to lack of medical evidence linking it to his military service.

The Board has granted service connection for bilateral hearing loss, tinnitus, and diabetes mellitus, Type 2. The veteran's claims are based on presumed exposure to herbicides during his service in the Gulf War.

The Board has determined that the veteran's bilateral hearing loss, tinnitus, and dermatological condition are related to his military service. The benefit of doubt has been resolved in favor of the veteran.

The Board denied service connection for residuals of malaria and tinnitus, finding no evidence of current disabilities or a link to service.

The Board denied an increased rating for service-connected tinnitus, finding that the maximum schedular evaluation of 10 percent is available and has been in effect since December 22, 1997.

The veteran's service-connected tinnitus is currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 6260. There is no legal basis for a higher rating.

The Board has denied the veteran's claims for service connection for bilateral hearing loss and tinnitus as there is no evidence of these conditions during his active service or within one year thereafter.

The Board has reopened the veteran's claim for service connection for tinnitus due to new and material evidence. However, the evidence does not establish that his current condition is related to his military service.