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Rated 0% 1970 For Tinnitus

vietvet

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vietvet

vietvet 1

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Posted

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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jbasser

jbasser 17

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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.

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bluenote

bluenote 1

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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

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carlie

carlie 54

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Posted

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.

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