The veteran's appeal for an increased evaluation for tinnitus was denied as the maximum schedular rating of 10 percent has been assigned.
The deciding factor: There is no legal basis for assigning a separate 10 percent evaluation for each ear under DC 6260, and the maximum rating of 10 percent has already been granted.
- Claimed conditions
- bilateral tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903529
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for an earlier effective date, service connection for bilateral hearing loss, and service connection for insomnia.
- Dismissed
The Veteran withdrew the appeal for service connection for bilateral tinnitus and bilateral hearing loss, resulting in their dismissal.
- Partly granted
The Board denied service connection for hypertension and remanded the claims for bilateral tinnitus, right knee osteoarthritis, and left knee osteoarthritis due to inadequate medical evidence.
- Denied
The Board denied the claims for earlier effective dates and remanded several service connection claims.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.