tinnitus Rated 0% 1970 For Tinnitus

[vietvet]

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

[Philip Rogers]

I would pursue it but first I'd check to see what the ratings were back in 1970. They may have erred and retro could be possible. jmo

pr

[jbasser]

For Tinnitus the report has to say recurrent tinnitus.

If is doesnt say recurrent then you get rated a zero percent.

Just one little word is the case for 10 percent.

[bluenote]

Jbasser:

Tinnitus did not exist as a stand alone diagnostic code under 38 CFR Part 4 until the late 1970s so I wouldn't concern yourself with EED dating back to the original Rating Decision (CUE claims are based upon the evidence and laws at the time of the Rating Decision). That said the current 38 C.F.R. 4.87a (Diagnostic Code 6260) supports a 10% disability rating for recurrent tinnitus. Both case law (and now the regulations) only provide for a 10 % disability rating regardless of whether it is in both ears or one ear.

If you are still experiencing tinnitus, you'll want to file a claim for increased rating. I would write a short statement in support of your claim and include any treatment records (VA or private) documenting the ringing in your ear.

Good luck

Seth Director

Edited November 30, 2012 by bluenote

[carlie]

Also, prior to a change in regs around mid - 1970,

for Tinnitus to be SC'd and compensable it HAD to be a result of head trauma.

Hope this helps a vet.

[jvretiredvet]

Remember, I am doing a great deal of this from memory, so be gentle ...

In the May 11, 1999 issue of the Federal Register http://www.gpo.gov/f...df/99-11768.pdf , the criteria for Diagnostic Code (DC) 6260 were changed somewhat. Per page 25206:

The previous rating schedule provided a 10-percent evaluation for tinnitus, DC 6260, with the criteria being: ‘‘persistent as a symptom of head injury, concussion or acoustic trauma.’’ We proposed to remove the requirement that tinnitus be a symptom of head injury, concussion or acoustic trauma and that it be persistent and instead provide a 10-percent evaluation for recurrent tinnitus.

The change resulted in:

6260 Tinnitus, recurrent ......................... 10

Note: A separate evaluation for tinnitus

]may be combined with an evaluation under

diagnostic codes 6100, 6200, 6204, or other

diagnostic code, except when tinnitus

supports an evaluation under one of those

diagnostic codes.

While it would seem to indicate that there would be a single 10% evaluation for the condition "tinnitus", neither unilateral nor bilateral was mentioned specifically.

Now, dredging up from memory ...

In the May 14, 2003 issue of the Federal Register http://www.gpo.gov/f...df/03-12038.pdf , clarification guidance specified that a single 10% was warranted for DC 6260, whether unilateral, bilateral or within the head. I think the rational for the clarification is pretty much valid.

In close proximity with this clarification, there was a lawsuit alleging that a separate 10% evaluation for each ear was authorized (or, perhaps better to say 'not unauthorized'), and there were a fair number of new claims and claims for increase for bilateral tinnitus. I do not recall the decision year or the name of the decision.

The upshot? Those veterans with an extant claim for bilateral tinnitus at the time of the judicial decision were authorized separate 10% evaluations. So, there likely are a few folks still out there with "schedular" 10% + 10% for tinnitus.

[broncovet]

vietvet

You posted,

Tinniuts back in 1970. I filed a notice of disagreement within one year and it remained

0% for Hearing WITH Tinnitus.

What was the outcome of your NOD? Was your appeal denied? If so, did you appeal this? Or, did the VA just "ignore" your NOD?

If the VA just ignored your NOD, and you have documentation that you sent it in, then you have a "live" appeal. Documentation of your NOD would include a letter from the VA acknowledging receipt of your NOD, or other documetion from the VA mentionioning this appeal, as well as your original NOD, back in 1971.

Your appeal does not "expire". If you have documentation that you appealed back in 1970, then you should "check on the status" of your 42 year old appeal.

Depending on your answers to the above questions, yes, you could have a big retro check coming.

The VA may try to say you abandoned the appeal.