Tinnitus (ringing in the ears) decisions — 2010

The Veteran's service-connected hearing loss and tinnitus do not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's tinnitus is service-connected, but his initial compensable rating for bilateral hearing loss remains pending as the case has been remanded for further development.

The Board has reopened the Veteran's claim of service connection for tinnitus and granted it, finding that new evidence submitted since the last final denial relates to an unestablished fact necessary to substantiate the claim (a current diagnosis of tinnitus). The Board also found that the Veteran's tinnitus is at least as likely as not incurred in service.

The Board has determined that the Veteran's tinnitus is related to service, and therefore grants service connection for this condition. The arthritis issues are remanded for further development.

The Veteran's initial claim of entitlement to an initial rating in excess of 10 percent for tinnitus was denied. The Board also found that there is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus. For the issue of service connection for an acquired psychiatric disorder, the Veteran's claim was denied as there is no persuasive evidence of continuity of symptomatology.

The Veteran's claim for service connection for left ear hearing loss is denied as there is no evidence of a current disability. The claims for right ear hearing loss, tinnitus, and lumbosacral spine status post surgery are remanded due to the need for further development.

The Board finds that the Veteran's current hearing loss and tinnitus are related to his in-service noise exposure, but concludes that it is at least as likely as not that these conditions were also caused by other factors such as recreational use of a lawnmower without protection. The decision is therefore mixed, with some issues granted (hearing loss) and others denied (tinnitus).

The Veteran's appeal for higher ratings for bilateral hearing loss and tinnitus has been denied. The initial rating for bilateral hearing loss is still noncompensable, while the initial rating for tinnitus remains at 10 percent.

The Veteran's service-connected disabilities are not of such severity as to render him unable to obtain or maintain substantially gainful employment.

The Veteran's claim for service connection of bilateral tinnitus was denied as there is no evidence that the condition was incurred in or aggravated by his active military service. The Board found that the Veteran's current bilateral recurrent tinnitus is more likely due to environmental and genetic factors rather than noise exposure during service. For the headache disability, secondary to residuals of resection of left eye muscle for esotropia, the claim will be remanded as the RO has not issued a Statement of the Case (SOC) regarding this issue.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to in-service noise exposure. The initial rating for residuals of left ankle strain remains unchanged.

The Board found that the Veteran's death was not caused by a service-connected disability, but it is at least in equipoise whether VA care contributed to his death. The claim for DIC under 38 U.S.C.A. § 1151 is granted.

The Board has remanded the claims for service connection due to incomplete evidence and need for further examination. The Veteran's hearing loss and tinnitus are being reviewed, but additional private medical records from Dr. Navarro must be obtained.

The Veteran's service-connected bilateral hearing loss is currently rated at 10 percent, the maximum rating authorized under Diagnostic Code 6100. The Veteran's service-connected tinnitus is also assigned a 10 percent rating, as it is already at its highest possible evaluation under Diagnostic Code 6260.

The Veteran's appeal for service connection for tinnitus has been dismissed due to his death.

The Veteran's bilateral hearing loss disability, tinnitus, and fibromyalgia were not incurred in or aggravated by active service.,Service treatment records are negative for complaints, diagnoses, or treatment related to these conditions while on active duty.

The Board has granted service connection for tinnitus and remanded the other issues for further development. The claims of service connection for low back disability, bilateral hearing loss, and chronic sinus condition are being remanded to the RO.

The Board finds that the Veteran's appeal was timely filed, and therefore, the claims for service connection for hearing loss and tinnitus are being considered on their merits. The claim for kidney disease (to include glomerulonephritis) is remanded due to a need for further development.

The Veteran's bilateral hearing loss and tinnitus are found to be related to noise exposure during active service. The left eye disability is not considered a disease incurred in or aggravated by service.