Increase for tinnitus?

[Buck52]

I realize the VA Only pays 10% for tinnitus for both ears.

But what if the Veterans tinnitus was so bad it caused other problems. I realize he could file a hearing loss claim if his hearing was bad  and file secondary to Depression.

but what if the Dr mention his tinnitus was very severe, so bad it made it hard for him to speak correctly.

I think I seen a regulation for this  some where ? I can't remember the #  but its called something I can't remember what its called  but tinnitus plays a big roll in the cause or related to the tinnitus to his speech.

Anybody Know?

[brokensoldier244th]

Legally the max is ten percent. He could claim something secondary though

[jbasser]

Buck if you file anything I would suggest you would file for an increase of the Tinnitus. If you win the effective date should can go back to a year or the date of the onset of the secondary either by diagnosis or symptomology. This is regardless if the Tinnitus rating carries a 10 percent max rating. I also suggest you go here https://www.index.va.gov/search/va/bva.jsp Search your issue and put secondary to Tinnitus into the exact phrase section. It should show you what others have done and results either good or bad.

[brokensoldier244th]

Where are you getting that? Tinnitus has a 10 percent maximum rating per CFR 4.87, that governs compensation amounts. Regardless of how bad it is. If he files on a direct basis for that and not secondary to he will be denied and have to start over. 

 

https://www.va.gov/vetapp20/files9/20059226.txt

Edited January 30, 2021 by brokensoldier244th

[Buck52]

 

JBasser

So filing a secondary claim  related to or caused by the tinnitus  that claim will go back to a year or the onset of the condition that was caused by the tinnitus?

  Hearing loss and depression    if this veteran has been rated for PTSD  AT 0% OR EVEN 10%  THEN THEY MAY NOT APPROVE THE DEPRESSION due to they will not give two ratings on a MH condition.?  Depression and PTSD are MH conditions..correct?

 

Example,  if Veteran is service connected for tinnitus  for 10%   and Hearing loss at 0%  and 4 years later is granted a 10% for the hearing loss  or even depression but not both and they find his tinnitus was the cause or related to these condition ,  and it can be a secondary rating to his tinnitus  and they would go back to the Date he first applied for the tinnitus and hearing loss so which ever carries the higher rating is the one he needs to file on....correct? OR GO BACK AT LEAST A YEAR? FOR EED.

This would be a secondary claim from the tin

nitus  that he had s.c. and a 10% rating.

And his PTSD  will need a secondary claim for that   like if he has Sleep Apnea  caused by his PTSD.  CORRECT?

 

I will read some of these BVA decisions  and  pass on this information to the Veteran.

 

brokensolider244th

I am not meaning he can get a increase on tinnitus alone  we all know tinnitus is just flat 10% for both ears.

These would be secondaries claims to the tinnitus.

And when they service connected the tinnitus  his EED  Would Go Back At Least a Year  or when he first filed for the increase.  and maybe back to when he got the Tinnitus .

   it should be just like any other claim  if filing secondary to an already service connected condition  and that condition was the cause or related to the new condition  hench a secondary claim for that new condition/disability.

Edited January 30, 2021 by Buck52

[brokensoldier244th]

This might be something to look at. 

https://cck-law.com/blog/secondary-conditions-to-tinnitus-va-disability/

 

[Buck52]

Thanks brokensolider 244th

I'll pass this information over to this Veteran,I ask him to join hadit  but I guess he is not?

this will show him about secondary claims that his tinnitus can be related to.