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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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tinnitus Rated 0% 1970 For Tinnitus
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By Honest Abe
I have submitted at least two Service Connected Disability claims to the Veterans Administration (VA) for hearing loss, beginning with my initial request in December 4, 2009. Each test was conducted by a company called QTC. Each test was conducted by an evaluator that ran each test at least three times. My last QTC evaluator swapped headsets three times, then told me she would be increasing the volume of the audio "so I could hear better". She also stated that she had to report higher scores. Both QTC exams were "normal", rendering 0% compensation. My hearing tests at three outside ENT facilities stated "Moderate to Severe hearing loss". How many times is an evaluator required to run one complete audiology test?
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By Matt Birchfield
Afternoon all.
I have been doing some research into Tinnitus and claiming secondary for Insomnia and Hypertension. I have a 10% for Tinnitus and 0% for hearing loss (submarine sonar tech), but honestly the lack of sleep is beating me down. I have not gotten a full night in several years. I usually get 5-6 hrs a night, with multiple interruptions due to what I feel is my ears ringing.
I did a search on the forum here for tinnitus and Insomnia but the last post was from 2012, hence the new thread.
I was able to find 3 cases where the VA ruled in favor of the member for secondary insomnia and secondary hypertension, Case numbers: 1207104, 1522463, and 1600946. The last case was for insomnia only. I also have a study that is an Examination of the relationship between Insomnia and Tinnitus, DOI: 10.1177/1179557318781078
My question is how do I get this all linked together? I plan on going to my primary care and taking this evidence to him (He's a retired commander) and see what his thoughts are, but I was also referred to you guys as the knowledgeable peeps.
Thanks
Matt
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By kent101
I have a rating for a strange ear disease that is 0% and won't go up without an increase in hearing loss. Is temporary hearing loss enough to get an increase? Its called "autophony." where I hear my own voice very loud and can hardly hear anything outside of my own head. Is this temporary hearing impairment enough to get an increase in rating from 0% or does the hearing test have to show the hearing loss? They rated this disease analogous to perforated ear drum.
Does getting rated with a disease open up any type of special treatments you can get for the disease? Such as going to a specialist out side of the VA since only a few specialist in the world try to operate on this type of disease?
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By 1454th Solider
Due to my tinnitus being very bad, I was awarded a 70% rating from the VA for anxiety and depression secondary to my tinnitus due to it keeping me from sleeping. I have started my counseling with VA social workers and psych doctors from the VA. I ask my VA primary care doctor does the VA offer any treatment for tinnitus and the answer was, "There is no treatment the VA offers for tinnitus, just wear ear plugs and stay away from loud noises". My question is why would a PA want to test me for sleep apnea to see if that is causing my sleep problems but I can't get treatment for what I know keeps me up at night. I'm just curious if the VA doc is trying create a scenario that if I do have sleep apnea, then that is what is causing my anxiety and depression not my service connected tinnitus. I know sleep apnea is serious and I'm going to get the test but can the VA reduce or take my compensation if the PA opinions that she thinks my depression is due to sleep apnea?
Can she override two PHD Psychiatric doctors opinions? One IMO and the other a VA psychiatrist?
Thanks for your responses in advance. Elders please chime in.
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By Marineleo
I was just diagnosed with Meniere's after years of having periodic dizziness and vertigo that has gotten progressively worse and more frequent. I am already service connected for bilateral hearing loss and tinnitus. (Ironically I had never even heard of Meniere's until about a year ago when I was doing the exams to get the service connection for the tinnitus and when I mentioned the dizziness to the audiologist she said I should have more testing to see if it was Meniere's). My question is when I file the claim, should I file it as primary, secondary to the hearing loss and tinnitus, or both?
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
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The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
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Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
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vietvet 1
Fellow Vets:
I was rated 0% service connected for Hearing WITH Tinniuts back in 1970. I filed a notice of disagreement within one year and it remained
0% for Hearing WITH Tinnitus.
I understand how difficult the hearing portion is, but shouldn't I have been rated 10% each ear in 1970 for Tinniuts?
Note: back then it was 10% for each ear. Now I know it's 10% for both ears.
Then in 2006 when I refiled again took my CAP and was awarded 0% Hearing and 10% Tinnitus.
Question: Do I have any claim for an error in the rating; should I have been granted 20% service connected back in '70?
Am I do retro? I greatly appreciate your opinion. Happy Holidays!
A Proud Vietvet
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