The Veteran's appeal for a higher rating for tinnitus must be denied as there is no legal basis upon which to award a higher rating. The Veteran's last VA examination for hearing loss was in January 2007, and he has requested a new VA examination.
The deciding factor: There is no legal basis for the assignment of a schedular evaluation in excess of 10 percent for bilateral tinnitus as it is already at its maximum rating under Diagnostic Code 6260.
- Claimed conditions
- bilateral hearing loss, bilateral tinnitus, skin rash of the hands and feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2010
- Citation
- 1014350
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1014350.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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