tinnitus New Member

[masters101]

I am currently rated at 50% with the VA. (40 % Back/10% Neck/ 0% Tinnitus/Hearing Loss/ 0% eyes)

I have asked for an increase with the help of the DAV on June 15, 2009 for the following:

1. Tinnitus- I have two doctors letters clearly establishing my extreme tinnitus and connection with my USAF active duty days. In addition the VA has issued me hearing aids.

2. Fibromyalgia: I have two separate doctors who have completed an IME and both say it is more likely than not do to my accident in the USAF. My Fibromyalgia is very painful and has made my body into a cage of pain.

3. Neck pain has increased to severe levels. The pain is constant and I cannot do many normal things. My pain and inability to move my neck has lead to being relieved from my job. My latest MRI report shows severe stenosis and several bulging disk. I have two Doctors letters clearly stating the injury was from my USAF active duty and my condition is severe.

4. Depression, my Psychologist wrote a two page IME and has diagnosed me with severe depression due to my service connected injury. In addition two of my other Doctors have concurred and I included those Doctor reports to the VA. I am highly medicated by my Doctor

5. Severe debilitating migraines: I included two separate Doctor reports which clearly show my neck and back injury are the reason for my migraine headaches.

6. Loss of feeling and numbness in my arms and legs.

7. I have applied for social security but have not heard back from them as of 21 October 2009.

8. I am unable to work with all of my medical conditions; the medicaitons i take keep me in a constant gray area. In addition i am having issues with both short and long term memory.

I would like to get some advice from my fellow Veterans. Any advice or thoughts are welcomed both positive and negative. I realize I am fighting an up-hill battle with the VA. Because I have so many issues will my file fall to the waist side? Any chance of my file being complete within 1 year? I have not been set up for any C&P exams as of today. Is it possible to have a rating completed without several C&P’s? What weight does a C&P have over two and three highly credible Doctors? I have several IME some of them are 7 to 10 pages longs.

[12R3G]

There is no SC compensation level for Tinnitus at zero percent...

Carlie--you are correct, but the VA always gives itself an out:

§ 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.

However, you either have tinnitis or you don't. How can you have tinnitis and NOT meet the requirement for a "compensable evaluation"?

Masters--this should be an easy kill.

[carlie]

Point of my post on Tinnitut.

A claim for Tinnitus won't get granted as SC'd

unless it is:

1) Subjective Tinnitus

and

2) recurrent.

If it is granted as SC'd it should be comped at the 10 percent rate.

I would check the REASONS and BASES SECTION of the rating decision

to see what reason they gave for zero percent.

carlie

[12R3G]

Carlie...I was marveling at the VA's ability to weasal out, by adding a note affecting the entire ratings schedule by saying "oh, if we didn't publish a zero rating on something, well, we meant to so lets just pretend like its there (even if its not)."

With the exception of getting bonked on the head and your ears ringing for a few days, or some short term disease, tinnitis is pretty much "recurring" in that it doesn't go away--ebbs and fades, but its always there and very annoying. yes, my ears are ringing as we speak.

We are agreeing...see what the VA's justification was to grant SC for tinnitis, but at zero percent. I understand they have the out to do it, but how can you have tinnitis (you just have to have it on the recurring--make that permanent--basis) and it not be compensable? They ringy-dingy, or they don't. So, if you grant SC, it should be at 10%.

I'd really like to see what the rater's thought process was.

Masters?

c

[Pete53]

A VA Zero leaves the door open just a crack.Its kind of like being an acting Jack Sgt at e-4 rate.

Edited October 22, 2009 by Pete53

[masters101]

YOU MUST FILE A FORM 21-8940.

Do as Berta has said. Fill it out completely, observing the items that she has pointed out. Make SURE the VA gets the darn thing. Have Your DAV service officer forward it to the VA, but, you make darn sure and keep a copy.

Without this form being turned in, the VA will just sit on the TDIU, and NEVER, EVER, tell you to fill out the form (the one that they are SUPPOSED to send to you when it is obviously appartent to anyone who can read, that you are eligible for TDIU).

Hi Larry

I went to the DAV office today and the representative told me I could not apply for TDIU until I was 70 percent? He said one item must be at 40 percent and my rating at 70 percent, or on issue with a single 60 percent. I am still going to fill out the form and have my DAV representative send it in. Thank you very much for the heads up.

Masters

[LarryJ]

Hi Larry

I went to the DAV office today and the representative told me I could not apply for TDIU until I was 70 percent? He said one item must be at 40 percent and my rating at 70 percent, or on issue with a single 60 percent. I am still going to fill out the form and have my DAV representative send it in. Thank you very much for the heads up.

Masters

You can apply for TDIU whenever you WANT to!

I KNOW what the so-called "requirements" are, and I also know that if you can't work, YOU CAN'T WORK......due to TDIU (Total Disability due to Individual Unemployability (that's kinda why they call it that))!

If you have a doctor saying you can't work, either because of your disability or because of the medication that you must take BECAUSE of your disability.....then you are "Unemployable" and should be receiving TDIU (that's the purpose of TDIU, ya see).

APPLY for it.

Now.

You might just want to turn the form in yourself, seeing as how your DAV VSO has the idea that you CANNOT apply until all the percentages are "correct".

Let me tell you a little story:

Once upon a time, in a land not so far away, there was this kid.

He joined the United States Marine Corps.

He was badly injured in the United States Marine Corps.

He suffered from this injury for 40 years but he never tried to file a claim for it, because some IDIOT in a suit told him that he would NEVER QUALIFY FOR ANYTHING and that they would not help him to apply.

He finally suffered all that he could and found the personal will power to file his OWN claim, for his OWN self, after having lived a lifetime of pain, shame, and self-doubt.

BUT, I'M OVER THAT CRAP........I'M ALL OVER THAT CRAP....I'M SOOOOO OVER THAT CRAP THAT I DECIDED THAT I'D DO SOMETHING ABOUT SOME OF THESE IDIOTS IN SUITS AND THEIR SELF-RIGHTEOUS ATTITUDES AND BAD INFORMATION!

Now, you do what you want to, okay.

:D