VietNow National Magazine
Tinnitus
That ringing or buzzing
sound in your ears could be tinnitus, and
might be a service-related condition entitled
to compensation from the VA.
By Raymond
F. Gustavson, Jr.
Tinnitus is a subjective condition
that is described as either a ringing or
buzzing in the ears, or head noise with
no external source. It may be heard in
one ear, both ears, in between the ears,
or with no exact location pinpointed.
It is usually associated with high frequency
hearing loss. The Merck
Manual defines
tinnitus as the “perception of
sound in the absence of an acoustic stimulus.”
Here
are some causal examples of tinnitus:
Repeated noise exposure from flight-line
duty, artillery explosions, or rifle/machine
gunfire (on the range or in combat). This
is only a partial list, but the common
factor is repeated noise exposure.
Despite
a lengthy court fight between the VA and
veterans’ service
organizations (the fight ended when the
U.S. Supreme Court refused to review
a federal appeals court ruling), tinnitus
is still rated as a single disability regardless
of whether it is heard in one or both ears.
Filing a claim
To make a claim for tinnitus, write a letter
to the VA and tell them you want to establish
service connection for this disability.
With your claim you should submit current
medical evidence showing you
have tinnitus.
If you do not have a current
medical
report, the VA will send you a release
form (VA Form 21-4142) for you to list
your doctor’s name and address and
date(s) of treatment. Return the form to
the VA, and they will obtain the necessary
medical report. Failure to do this relieves
the VA of any obligation to secure
your private medical records.
If you were
treated at a VA Medical Center, or other
U.S. government
facility, the VA must obtain these
records.
What happens next?
After the VA has received all medical evidence,
the Rating Specialist will schedule you
for a VA examination to determine the severity
of your tinnitus.
At the examination the
physician will review your claims file
and ask you questions about your tinnitus.
When he is finished he will submit a
summary of his findings. Of note, the
examiner must state that it is as likely
as not that your tinnitus was due to
acoustic trauma experienced during military
service. This statement is what is called
a nexus, and without it, your claim will
be denied. The rating specialist in the
VA Regional Office will review the VA
examination, and
either grant or deny your claim.
What if your claim
is denied?
If your claim for tinnitus is denied,
read the VA letter in its entirety. Look
specifically
at the reasons why the claim was denied.
If you think the denial was unfair,
send a one-sentence letter to the VA stating
that you disagree with the decision.
This protects your appeal rights; however,
the VA must receive your letter within
one year of the denial. In your letter,
you may submit any additional evidence
you feel is relevant to your claim, or
any information the VA requested but
you failed to send.
Since the VA appeals
process is a precise
yet often confusing process to understand,
I would strongly advise contacting a local
service organization or a local County
Service Officer. One of their representatives
will explain exactly why your claim was
denied and help you process your appeal.
Sometimes, it’s as simple as
not sending in that one piece
of information you thought was a waste
of time. Don’t lose hope.
Raymond Gustavson served
with the U.S.
Army in Vietnam, and is a retired
VA Rating Specialist. He is currently
working on a novel about the Civil
War, and also is writing a self-help
book for veterans who want to better
understand the complexities of the
VA claims process.
Back
to top of page.
Back to the VA Claims page.
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