Tinnitus

Larry
A court case at the US Court for Veterans Appeals (The Court) has ruled that each ear is worth 10% for tinnitus. You can not have 5% for each ear.
I would suggest that those with tinnitus already rated service connected appeal their case to force the VA to go back to the date of appeal. I hope the court ruling forces the VA to go back to the date of the decision vs. from the date the VA gets around to making the changes. The changes should occur around Dec. or Jan.
I would say that every single person who regularly worked on the flight line around helicopters or any other type of aircraft have some degree of hearing loss and this includes pilots who flew the different type of craft.
Hearing loss is an incidious type of disability that didn't cause any pain, but if you have a ringing or buzzing in the ears it is a sign or hearing loss and you have tinnitus. It may even be a clicking sound. Tinnitus is a sign you have quite significant hearing loss.
The helicopter alone was enough to cause hearing loss and then we fired m-60's or .50 caliber machine guns, had rockets going off near our ears etc. Then, we had rocket attacks, mortar attacks and every thing else that went boom. File a claim if you haven't already done so, the VA is quite liberal on hearing loss at this time.
Ted Duckworth
Veterans Service Officer
Juneau Co. WI

Great!

That's what I wanted to hear. I will be at the county VA rep's office first thing Monday. Thank you for the info and the reply.

Tinnitus

Contacted the Oklahoma Department of Veterans Affairs about this and was informed that the VA was appealing this ruleing. We have been put on hold.

Tinnitus

Just recieved another call from the Oklahoma Department of Veterans Affairs and further research shows that there is a window of approval that is not in the appeal by the VA and if you fall in this window you need to apply for the additional 10%. Sorry but he did not tell me anything about the window other then June 2003 was mentioned.

June 2003 window for Tinnitus

You are right, for some reason that my County VA Rep didn't seem to understand, the VA put a June 2003 cut off window for the additional 10% for bilateral tinnitus. I was awarded the original 10% in July 2002. So, my rep typed it up and sent it off and requested that I keep him apprised of any mail I recieve pertaining to this topic. He apparently has others that are waiting to hear how mine is handled since it seems I qualify under the VA ruling guidelines. However I told him I would suggest anyone should apply if they have tinnitus now and worry about the additional rating after they are rated in the first place.

Tinnitus

I believe the magic date is 13 June 2003. Mine was approved as of 31 March 2003, so I have had my request sent in also. Will post more as the news comes in.

Simper Fi
Jim

What window

I was just approved for tinitus as of 11/04 does this mean that i can now reapply to get another 10% or I am just out of luck ? :confused:

Tinnitus

1chuck
What I Was Told By The Rep From Okla Dept Of Veterans Affairs Is: Va Is Appealing The Ruling By The Court Of 10% Per Ear, But If You Were Rated Before 13 June 2003 Then It Does Not Fall Under The Appeal. If You Can Figure That Out Your Aok. You May Still Get It, But Later.

I have it. Have had it for quite a while even while on active duty. Made it hard to pass hearing tests at annual physicals. Tone type tests mimicked those already in my head until they got louder so I could identify the test sound. I have good hearing now but have the constant, consistant sounds, more than one tone, always. Huey Gun pilot, do I have a claim in addition to my other one, a 10%er?
Lanny

Tinnitus

Orlando Ingvold,
Sounds to me like BATTMAN is right on with his info about Tinnitus. He has said exactlly what my County VA Rep. has said. Are you recieving 10% for tinnitus now? If your not---- go and apply. If you are, go and reapply for the other 10%. There seems to be a JUNE 2003 window but you should apply anyway.
As far as the hearing test, you are right, they have to turn some freqs. up very high to overcome the ringing. Maybe during any meeting on this topic there should be a recording of these freqs. playing in the background for all to hear. Of course they would have to be at the correct volume. Somewhere between a siren a half block away to a kid riding a tricycle that needs to have a wheel oiled----------- Right next to your head!
Good Luck!

Maybe good news!

I just returned from my County VA rep and was discussing other things with him and I remembered to ask about the Tinnitus thing. He said he had attended a conference reciently and the scuttlebutt was that 20% (10+10) would be granted, maybe by the new year. I know this ain't much, but it is the latest I have.

Tinnitus

Thanks for the heads up on the tinnitus thing. I haven't heard any thing more on this end. I sure hope your right. Last letter I got from the Veterans Admin said all was on hold. Beats me.

Jim "Battman"

Tinnitus

My husband has tinnitus. Never thought it could be service connected. He served on an aircraft carrier back in the 60s.

Dosen't hurt to check it out!

Being around helicopters and the high pitched noise they make seemed to make alot of us have tinnitus. I suppose that being around fixed wing aircraft can cause the same thing. Your husband should go directly to his VA rep and see about having it checked out. This is a very annoying thing to have and I am still waiting to hear about the 10+10 = 20 thing. I will post as soon as I hear anything.

Tinnitus

Larry,
I have done hundreds of claims for tinnitus and bilateral hearing loss. Although hearing loss is tougher to prove, most claims for tinnitus are approved at an automatic 10% when someone can prove they worked around aircraft, weapons or anything that made a lot of noise.
I still am not sure what will happen to the tinnitus ratings from the USDVA. Upon finding the facts I will add a post to this site.
Teddy Duckworth
Juneau Co. Veterans Service Office
WI

VA Comment on Tinnitis

I talked to the VA guys in Little Rock today about Bilateral compensation. The guy told me that 10% is the max.

If anyone has advice on how to get the additional 10%, please let me know. I am currently rated 10% (one ear I guess) for tinnitis.

John Adams

The most recent court ruling determined that the language of the law, pre June 2003, allowed for dual ten percent ratings if diagnosed with bi-lateral tinnitus.

If you received a disability rating for bi-lateral tinnitus prior to June 2003 appeal the original ruling. You must appeal the original ruling or it will be denied. My VSO wasn't aware of this and my original request for two ten percent ratings was denied.

I will resubmit and see what happens. As we all know the VA will not make it easy for us.

Incidentally my background is fixed wing fighter aircraft. 23 years USAF. Came across this forum when searching for info on tinnitus.

I have some more late breaking news on this subject but it is on my office computer. As I read it the VA lost on appeal of this decision.

Chief Moe

The following is the latest ruling by the US Court of Veterans Claims. This only applies to those granted a rating prior to June 2003.

Upon consideration of the foregoing, it is

ORDERED that the December 11, 2003, Board decision is REVERSED to the extent that it determined that Mr. Turn was not entitled to separate disability ratings for each ear for his service-connected bilateral tinnitus, and that matter is REMANDED to the Board for expeditious

issuance of a decision that assigns to Mr. Turn an appropriate disability rating for each ear for his service-connected bilateral tinnitus and assigns an appropriate effective date.

DATED: November 9, 2005 BY THE COURT:

WILLIAM A. MOORMAN

Judge

Copies to:

Ronald L. Smith, Esq.

VA General Counsel (027)

Thanks!

Okay, if I interpet this correctly, that means if I was diagnosed prior to June 2003, that as long as I have appealed the 10% I should start revieving 20%. Please correct me if I am wrong. I will go Monday morning to the County VA rep here and see if he has heard anything. Thanks for the heads-up!

Larry, if I understand the wording of the USCVC ruling they told the VA to give the guy another ten percent post haste.

I have been fighting the VA for 23 years. They are past masters at stalling. They will fight this ruling tooth and nail but we have to keep appealing. This is something new so your VSO may not be up to date. I usually pass new info along to my VSO since he is new to the game.

I will stay on top of this as I want the additional ten percent too.. I was rated in Dec 99 with bilateral tinnitus. All the advice, research and experience has taught me to appeal every time a claim is denied.

I will continue to keep an eye on this and pass along any new info.

Tinnitus

Finally got tired of saying, "....huh?" to my poor wife....and went in to have my ears checked.....was on active duty as a Naval Aviator for 23 years, with two combat tours; one in '46s, and one in AH-1Js........then.....after an audiologist exam and three months of waiting and answering paperwork.....0% for bilateral hearing loss, and 10% for bilateral tinnitus.....no "20%" and no further discussion.......(eligibility to start from June of 2005) I am not too distressed, as I was just hoping for some assistance from California with college tuition for my three college-age sons.......and any amount of disability creates eligibility..

S/F,

Moon

College info

Yep, my daughter had completed 2 years of college before I found out about the California VA helping with college tuition. When I qualified she immeiately transferd to Cal State U Bakersfield and finished up. It was a great help as we were footing most of the ticket up till then. I still occasionally run across a veteran from California that doesn't know about this. I try to spread the word as much as I can.

Tinnitus

Gentleman, I worked as a Crew Chief on a CH-53D from 1975 to 1979. About 8 months ago, I began noticing serious ringing in both ears. It's obvious over the years my hearing has deteriorated but the ringing is a different thing. It's quite annoying and it's almost constant.

I have not spoke to any V.A. representatives for anything since my seperations back in 1979. I'm not looking for a V.A. handout but I would appreciate any information on what the V.A. has done in treating this condition. Thanks

Sgt Rick Brohmer
HMH463 F/L
75-79

It is not a hand out; you have the condition there (according to the guy that gave me the hearing test) is no treatment for it.
Many of us that are getting disabiility had no idea that we were exposed to more then what was normal but the country is finding out about agent orange*dioxin the same stuff that brought us Love Canal and the town in Missouri) and desert storm problems and there will probably be something from this war as well. We did not contract with our enlistments to be exposed to poisons we didn't know about that cause lasting problems and premature deaths.
By the way I didn't realize that 53's were that noisy having been in 37's now that was realy noisy, had to shout in each others ear to be heard great for hearing loss