It is our experience that your claim for tinnitus and hearing loss will be denied.
We receive many emails from frustrated veterans on this topic.
Vets who have Purple Hearts or CIB's are often denied a hearing loss or tinnitus claim because they have no record of combat. We often read that the VA audiologist who conducted the exam reports that the veteran was not cooperative.
We recommend that you plan to appeal as it is more likely than not going to be required. The majority of appeals are handily won at the DRO Process appeal.
We also recommend that you seek a reputable civilian audiologist to perform an examination. You will probably have to pay for the exam out of pocket. This is an investment that is well worth the fee.
Hearing aids are expensive. If your hearing was damaged because of your service to our country, don't accept a denial or a low rating.
Hearing Impairment
Hearing
loss affects many veterans. From the first day of
basic training we were subjected to noises that most civilians will
never hear.
The Veterans Administration has strict regulations governing hearing
loss and disability compensation. The veteran who wants to see a
benefits award must be prepared to fight and appeal.
§ 4.85 Evaluation of hearing impairment. (h) Numeric tables VI, VIA*, and VII.
The VA uses a strictly defined criteria
to determine the degree of hearing loss. An examination for
hearing loss must be conducted by a licensed audiologist and include
controlled speech discrimination test (Maryland CNC) and a puretone
audiometry test.
The results of the tests are then calculated according to a system of
tables to arrive at a percentage of the disability attributed to hearing
loss.
The veteran who is applying for a hearing loss benefit should consider
the degree of tinnitus that he or she may have that often accompanies
acoustic trauma and hearing loss.
Also to be considered are any psychological or mental health and safety
considerations that sometimes result from hearing loss. If the veteran
believes that hearing loss and tinnitus have caused or aggravated
anxiety, anger, depression, PTSD or otherwise contributed to a loss in
the quality of the veteran's activities of daily living, those facts
should be recorded for consideration.
Does your hearing loss make you eligible to claim a secondary disability for mental health conditions? Yes!
Service connection may be established on a secondary basis for a disability that is proximately due to, the result of, or aggravated by a service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires (1) competent evidence (a medical diagnosis) of current chronic disability; (2) evidence of a service-connected disability; and (3) competent evidence that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. 38 C.F.R. § 3.310(a); see also Allen v. Brown, 7 Vet. App. 439 (1995) (en banc). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303(a).
The Bottom Line:
We believe that most claims for hearing loss and tinnitus are wrongly denied.
Although this is frustrating, the veteran should not let this deter him or her from filing a claim. The claim should be filed with the understanding that an appeal is likely to be necessary.
Most claims are won in the first appeal. Although this may add a year or more to the already lengthy process, the claim will pay the veteran retroactively back to the date that the claim was filed.
If you believe that your hearing loss or tinnitus was caused by your military service, you should proceed to file a claim now.
Click here to learn how to file your claim quickly and easily and DIY!