Tinnitus (ringing in the ears) Board decisions

The Board has determined that the veteran does not have a current right thigh disorder, tinnitus related to service, or left shoulder disability. The veteran's jungle rot of both heels is also denied.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination. The veteran's claims of service connection for tinnitus, vertigo, headaches, and bilateral hearing loss are pending.

The veteran's claim for a higher rating for bilateral tinnitus, to include entitlement to separate ratings for each ear, was denied as there is no legal basis for a schedular evaluation in excess of the maximum allowed by law (10 percent) for service-connected tinnitus.

The Board has determined that separate initial compensable ratings for tinnitus in each ear are not assignable, as the law precludes such evaluations.

The VA has determined that the appellant's service-connected tinnitus, rated at 10 percent, is not entitled to a higher rating as there is no evidence of more than one condition in each ear. The maximum schedular evaluation for tinnitus under Diagnostic Code 6260 is 10 percent.

The Board denied the veteran's claim for a rating in excess of 10 percent for tinnitus, finding that only a single 10 percent disability rating is authorized under Diagnostic Code 6260.

The Board denied the veteran's claim for separate 10 percent ratings for bilateral tinnitus, finding that only a single 10 percent rating is authorized under current regulations.

The veteran requested an earlier effective date for the grant of service connection for tinnitus, which was denied by the RO. The Board found that no earlier effective date could be granted as the claim was not filed within one year after separation from service.

The Board denied the veteran's claims for service connection for tinnitus, an allergy disorder, and a sinus disorder. The claim for an undiagnosed illness due to neurotoxin exposure was also denied as the veteran did not serve during the Persian Gulf War.

The Board denied the veteran's request for an effective date prior to June 10, 1999, for a grant of a compensable evaluation for tinnitus. The claim was granted on VA initiative in August 2000 and assigned a separate 10% evaluation with an effective date of April 28, 2000.

The Board found that the veteran does not have a current diagnosis of agoraphobia or tinnitus, and service connection was denied as there is no direct evidence linking these conditions to his military service.

The case is being remanded for additional development of the appellant's medical records and Social Security Administration (SSA) disability benefits claim.

The Board found that the veteran's claimed conditions, including bilateral hearing loss, tinnitus, headaches, fatigue, left ankle disorder, and cervical spine disorder, were not incurred or aggravated by his active duty military service.

The veteran's appeal is being remanded to the RO for further development and consideration of his claims, including providing VCAA notice as required.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or due to housebound status is denied as he does not meet the criteria for either benefit.

The veteran's claim for an increased evaluation for his service-connected tinnitus has been denied as the maximum schedular rating of 10 percent is already in effect.

The veteran's claim for an increased evaluation in excess of 10 percent for service-connected tinnitus has been denied as the maximum schedular rating is already assigned.

The Board denied the veteran's claims for an initial compensable rating for hearing loss in the left ear, service connection for hearing loss in the right ear, and service connection for bilateral tinnitus. The April 2003 VA audiological evaluation showed that the veteran had a noncompensable level of hearing acuity in both ears.

The veteran's claim for separate 10 percent disability evaluations for each ear pursuant to the provisions of 38 C.F.R. § 4.87, Diagnostic Code 6260 (2004) for his bilateral tinnitus has been denied as a matter of law due to the regulations prohibiting such separate ratings.

The Board has denied the appellant's claim for separate compensable evaluations for service-connected bilateral tinnitus as there is no basis under current VA regulations and criteria to assign such ratings.