Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Is Tinittis Always Rated At 10%


les
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

I was granted tinittis at the Bva. My question is, is it a givin that if you are granted tinittis you will receive 10% or can they rate at 0%?

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

4 answers to this question

Recommended Posts

Thank's Simple fly, I'm very glad to hear that. Les

Link to comment
Share on other sites

les,

Hopefully your medical evidence shows your Tinnitus as

persistent or recurrent, so you will get a 10 % award.

BUT

YES -

Service connection for Tinnitus can and is, many times granted at zero percent.

If the Medical Evidence shows slight, not persistent or non-recurrent Tinnitus,

service connection, at zero percent is allowed.

For Tinnitus to recieve an evaluation of 10 % it must be

1) subjective Tinnitus

2) persistent or recurring

http://www.va.gov/vetapp94/files1/9404896.txt

It is maintained that the 10 percent evaluation for the veteran's

bilateral tinnitus should be effective November 20, 1987, because

there was evidence on file at that time that his tinnitus, which was

caused by acoustic trauma, was persistent. It is also contended that

a zero percent evaluation should not have been assigned for tinnitus

in November 1987 because there is no provision in the Schedule for

Rating Disabilities for a zero percent evaluation for tinnitus. With

respect to the assignment of a zero percent evaluation, we note that

a zero percent evaluation is warranted for a disability when the

minimum schedular evaluation for the disability requires residuals

and the required residuals are not shown. 38 C.F.R. § 4.31, as in

effect prior to October 6, l993.

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr4.31.htm

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 4.31 Zero percent evaluations.

In every instance where the schedule does not provide a zero percent

evaluation for a diagnostic code, a zero percent evaluation shall be

assigned when the requirements for a compensable evaluation are not met.

[58 FR 52018, Oct. 6, 1993]

Link to comment
Share on other sites

I was granted tinittis at the Bva. My question is, is it a givin that if you are granted tinittis you will receive 10% or can they rate at 0%?

I was granted 10% for persistent tinittis.

Phil

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>