Tinnitus (ringing in the ears) decisions — 2015

The Veteran's claims for hearing loss and tinnitus are being remanded due to the need for additional development, including a new VA audiological examination.

The Veteran withdrew his appeal for service connection for tinnitus prior to the Board's decision.

The Veteran's service connection claims for bilateral hearing loss and tinnitus are both granted. Bilateral hearing loss is not related to service, while tinnitus is etiologically related to the Veteran's period of active service.

The Board has determined that service connection is granted for tinnitus but denied for a blood disorder, and the claims for right knee disability, bilateral hearing loss, and skin condition affecting the legs and feet are remanded for further development.

The Veteran's claim for payment or reimbursement of non-VA medical care received from December 2009 to September 2010 at Trinity Hospital in Minot, North Dakota is denied as the services were not provided in a medical emergency and she was covered under a health-plan contract.

The Veteran's service connection claim for bilateral tinnitus is granted as the Board finds that his statements place the onset of his tinnitus during active service and resolves any doubt in his favor.

The Veteran's claim to reopen the issue of entitlement to service connection for a right knee disability was denied because new and material evidence was not submitted. The Veteran's claim of entitlement to service connection for tinnitus was denied as his tinnitus is not shown to be related to his active military service.

The Board has determined that the Veteran is entitled to an effective date of March 24, 1995 for the award of service connection for tinnitus and hearing loss. The claim was initially incomplete but completed within one year.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's bilateral hearing loss and tinnitus are related to service, including noise exposure. Therefore, service connection for these conditions is granted.

The Veteran's GERD was granted an initial rating of 10 percent effective February 2, 2010. Service connection for right shoulder injury and right knee injury were denied. Service connection for migraine headaches secondary to PTSD was granted. Service connection for bilateral tinnitus was denied.

The Veteran's tinnitus is found to have originated during his active service and continues to this day, with credible evidence supporting the claim.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the numerical designation for a compensable rating for his bilateral hearing loss, and that an increased schedular rating is therefore not available. For tinnitus, the maximum schedular evaluation of 10 percent was assigned after the effective date of the June 2003 amendment to Diagnostic Code 6260. The Veteran's claim for service connection for teeth loss due to his service-connected tinnitus was denied as there was no competent evidence establishing a secondary relationship.

The Board has reopened the claim for service connection for tinnitus and granted it, as new evidence has been submitted that supports a link between the Veteran's tinnitus and his service-connected bilateral hearing loss.

The Board has determined that the Veteran's bilateral hearing loss and chronic tinnitus are likely due to noise exposure during his period of active military service, and thus grants service connection for these conditions.

The Veteran's service-connected conditions do not prevent him from securing and maintaining substantially gainful employment.

The Board found that the Veteran's current right shoulder disability and tinnitus were not incurred during or as a result of service, and thus denied both claims.

The Board found that the Veteran's tinnitus is not related to service, but his sleep disorder including sleep apnea is presumed to have been incurred in service due to Gulf War Service.

The Veteran's appeal for a higher schedular evaluation for tinnitus and a compensable rating for bilateral hearing loss was denied. The Board found that the maximum schedular rating of 10 percent is appropriate for both conditions.

The Veteran's claims for higher ratings for tinnitus, bilateral hearing loss, hypertension, status-post discectomy and laminectomy with herniated nucleus pulposus at L4-5, and radiculopathy of the right lower extremity were denied as there is no legal basis upon which to award separate schedular ratings for each ear or a higher schedular rating for tinnitus.