The Veteran's claims for increased ratings for tinnitus, mixed deafness of the right ear, and bilateral chronic otitis media with chronic mastoiditis were denied as there is no legal basis for a schedular evaluation in excess of 10 percent for each condition.
The deciding factor: The pre-2003 version of Diagnostic Code 6260 required dual ratings for bilateral tinnitus, but the current regulation does not allow for such. The Veteran's service-connected hearing loss is rated at 10% in one ear and the other ear has nonservice-connected deafness.
- Claimed conditions
- Bilateral tinnitus, Mixed deafness of the right ear, Bilateral chronic otitis media with chronic mastoiditis, status post right mastoidectomy with recurrent cholesteatoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 26, 2011
- Citation
- 1116142
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 1116142.
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.
- Granted
The Veteran's service-connected acquired psychiatric disability, ischemic cardiomyopathy, and other disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 29, 2020. Effective from that date, the Veteran is granted TDIU and SMC housebound.
- Granted
The Board has granted the Veteran's claim for service connection for bilateral tinnitus, finding that his in-service exposure to hazardous noise caused his current condition.
- Granted
The Board has granted an earlier effective date of July 26, 2017 for the award of TDIU due to service-connected psychiatric disability and an earlier effective date of November 9, 2018 for the award of SMC under 38 U.S.C. § 1114(s).
- Granted
The Board has determined that the Veteran's current diagnosis of bilateral tinnitus is related to service, and thus grants service connection for this condition.
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