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Insomnia - Tinnitus Combined Rating

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Tom P

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I have a similar thing that is very confusing.  I filed for Insomnia secondary to Tinnitus which was granted.  My letter states:

The evaluation of tinnitus to include insomnia is continued as 10 percent disabling.

We have granted your claim for insomnia and have combined it with your service-connected tinnitus. (38 CFR 4.130)

I thought the insomnia claim if granted received it's own rating under mental health disorders.  I went through a mental

health C&P to get this approved and the psychiatrist filled out a mental health DBQ?

I received no rating for the insomnia and when I called VA they simply said it was combined with your tinnitus.  Anymore questions?

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If you file insomnia secondary to Tinnitus, you are linking the two.  By it being secondary, it is no longer a mental health condition but a result of the Tinnitus especially if you have medical documents stating that it is a secondary condition to tinnitus.  Tinnitus max rating is 10%.  

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That makes no sense at all…. I have headache's as a secondary to tinnitus but get 30%? Bob at the VFW has menieres rated at 30% secondary to tinnitus. I’m pretty sure a primary rating percentage does not cap a secondary rating percentage. 

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Sounds like you will have to ask for HLR review with no new evidence or appeal to the BVA.  You could create new evidence by finding yet another doctor to say your sleep problems are due to your MH issue and thus get a new rating for insomnia or increase in your MH rating.  New evidence requires a Supplemental Claim and not HLR. However, this will conflict with the other doctor's linkage of insomnia to Tinnitus that is on file with the VA raters..  Sounds like a tough nut to crack.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.combinededitedcroppedperkins507thDustoffmedevacUH-1Hrescuehoist.jpg.66e9e75bebf35a15ff490302ec523268.jpg

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