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Tinnitus Trauma Requirement


Angela
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Question

I'm searching for a final decision concerning the pre-1999 trauma requirement for tinnitus (DC 6260) ratings.

I've found ...

1)Wanner v Principi decision of the CAVC striking trauma requirement as "contrary to statutory rights" - and

2)Wanner v Principi June 2004 Federal Circuit decision that reversed the CAVC decision as improperly reviewing secretary's adoption of rating criteria - and

3)Wanner v Principi Sep 2004 Order for supplementary briefs on constitutional question that "trauma" requirement as creating an "unconstitutional classification".

That's as far as I've gotten. Now I'm looking for the decision on the "unconstitutional classification" but can't find anything.

Does anybody know what finally happened with this case?

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  • HadIt.com Elder

trauma requirement for tinnitus?

Angela,

I've never heard of this. I filed for hearing loss and tinnitis due to occupational exposure to high pressure marine boilers.

This was back in 1995 or so. The VARO rater denied it right off the bat claiming I lied to an examiner about my naval occupation. They claimed I served as a truck driver for nearly fours years.

After a hearing showing them my DD214, and a picture of the WW2 tincan I served nearly four years of sea duty on, seemed to win the case. Guess the rating of Boilerman 2nd class on my discharge wasn't enough.

Loud noise and toxins can also cause tinnitis. I had an artilitary trauma aboard ship, but no proof of it happening in what few service records the VARO left.

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  • HadIt.com Elder

Tinnitus is generally caused by trauma, acoustic trauma, aka: loud noise. I believe that's what they may be referring to. Tinnitus was also caused by those large malaria pills we took in VN. It was one of the side effects but I don't know if it was temporary or permanent.

pr

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Angela,

See if this BVA decision helps out any.

It uses and lists some of the Tinnitus regs from 1992.

http://www.va.gov/vetapp93/files2/9318622.txt

If that doesn't answer your question do a BVA search

for Tinnitus and click on the drop down box to study decisions

prior to 1999.

http://www.index.va.gov/search/va/bva.html

Hope this helps a vet.

carlie

Edited by carlie
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