Citation Nr: 20004035
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 18-28 805
DATE: January 16, 2020

ORDER

A rating in excess of 10 percent for tinnitus is denied.

REMANDED

The claim for a rating in excess of 10 percent for bilateral hearing loss is remanded.

FINDING OF FACT

The 10 percent rating currently in effect for the service-connected tinnitus is the maximum schedular rating allowable for this disability.

CONCLUSION OF LAW

There is no legal basis for the assignment of an increased disability evaluation higher than 10 percent for tinnitus.  38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.1, 4.87, Diagnostic Code 6260.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from July 1969 to July 1973.  He is seeking a rating in excess of 10 percent for his tinnitus.  However, under Diagnostic Code 6260, a single 10 percent disability rating is warranted for tinnitus, whether it is unilateral or bilateral, or whether it is constant versus recurrent.  Smith v. Nicholson, 451 F.3d 1344 (Fed. Cir. 2006).  A 10 percent rating is the highest schedular rating available for tinnitus.  Accordingly, the Veteran’s appeal for a rating in excess of 10 percent for tinnitus is denied.  Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).

REASONS FOR REMAND

The Veteran is seeking an increased rating for his service-connected bilateral hearing loss.  In an October 2019 written argument to the Board, the Veteran’s representative requested that the Veteran be afforded a new examination in order to properly evaluate the current severity of his bilateral hearing loss which was noted to have worsened.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the current severity of his bilateral hearing loss.

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Carole Kammel, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.