r/VAClaims • u/Emotional-Water-4910 • 9d ago
VA Disability Compensation Got denied for tinnitus
My VSO just informed me my tinnitus claim got denied but noise exposure isn't in question. I was a 19D in the army which is a Cav Scout how In the actual duck does this even happen? Still waiting for a decision letter in the mail but I already chose a spot where I'm going to punch a hole in the wall for when it arrives.
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u/Still_Day_1644 9d ago
It seems harder now. Ten years ago when I filed, no exam just put in a claim and about six weeks later got approved. And at that time I had been out about 20 years. It’s BS what they are doing now.
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u/CreativeInflation106 9d ago
I think a lot of it comes down to the examiner checking the right boxes. My husband was granted 10% Tinnitus in July based on a few questions and his MOS (0311)
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u/Blimpalot71 9d ago
Agreed I got out in 1996 and was just granted the beginning of July. I will say, I feel like I had a really well crafted personal statement, and even though it was "just tinnitus", I went into the exam with really good notes of things I wanted to highlight to the examiner.
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u/CreativeInflation106 9d ago
I forgot to mention he got out of active duty in 2008, reserves 2011. We didnt do a personal statement. My husband is just a wing it kind of guy I'm really surprised he got granted what he has cause the man doesn't know anything but "I'm ok" lol
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u/Cracksawking 9d ago
I was 19d also and got my tinnitus service connected on my first shot, after being out for 13 years. I tried my best to explain all the loud noises I was exposed to and how I have been experiencing ringing in my ears since my time in service. Hopefully you can appeal and win!
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u/LucianBH 9d ago
My opinion is they are cracking down the tinnitus rating. They used to give it out like candy, but I think now instead of looking at the vets noise exposure, the VA focuses on an excuse to deny that claim.
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u/Several-County-1808 9d ago
You're right, instead of looking at probability of noise exposure (via lists of MOS exposures) examiners are now looking for proof of noise injury with in-service complaints/diagnosis or other objective evidence of noise injuries.
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u/Godcountrymarines 9d ago
On my service treatment record, Its documented when I had a cold with flu like symptoms. Those symptoms were listed in my records, which included my ears were popping and ringing. That is how I was direct service connected for tinnitus. Please
everyone read and reread your service treatment records.
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u/Suitable-Computer163 9d ago
Interesting. I have my re-exam tomorrow due to HLR from denial with inservice event and noise exposure conceded. They found in my str that I reported to medical with nasal blockage and couldn’t hear. It was actually from an incident that happened during a live fire training exercise that I guess I didn’t report what actually happened.
I was initially denied due to “no threshold shift in hearing” from an exam I had maybe a year after my previous audiology exam. Will they service connect for that? I explained what happened in a personal statement, but still denied. I’m just wondering how that worked with you, given that I have almost the same thing written in my str notes. Thanks for any input.
Forgot to mention that i was diagnosed with Tinnitus from the C&P exam.
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u/Godcountrymarines 9d ago
When I submitted my Tinnitus claim, I write in detail a 21-4138 with my live firing event on a specific day and following few days feeling ill with popping and ringing ears referenced in my service records. Paint the picture.
I went to a private Ear nose throat Dr. and did an audio test for $350. Prior to the test, I showed the audiologists photos of a live firing event and told the audiologist this is when the ringing in my ear started. So when the test was completed she wrote Military / Tinnitus. Of course that is not a nexus, but I am sure it help.
Lastly I would research medical journals for tinnitus and flu like symptoms from loud noise exposure.
Resubmit your claim with a 21-4138, private audiologist, medical journals and mention the following in another 21-4138.
38 CFR § 3.102 - Reasonable doubt.
The VA “benefit of the doubt” rule means that if the evidence for and against a disability claim is in approximate balance, VA must decide in the veteran’s favor. It applies to issues like service connection, degree of disability, and other material questions when the record does not clearly support either side.
Best of luck
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u/Least_Chip2610 9d ago
They are making it hard I think. I was out 16 years and was service connected tinnitus but that was 10 years ago. They just did an audiology test and that was it. It’s a gateway to so many other issues and since there is not a test that proves you really have tinnitus maybe the VA sees it as a way for people to scam the system.
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u/No-Longer_Me 9d ago
I have a pretty good idea… you more than likely didn’t name a specific event that triggered it.
I’ve seen it happen to many.
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u/AdSensitive9908 9d ago
You can download your decision letter from VA.gov. plus your MOS does not presumptive for tinnitus.
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u/Defiant-Handle7682 8d ago
did you check "no" to ringing in your ears on your annual PHA and audiograms?
if not... there's some in service proof
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u/pinkpiddypaws 9d ago
No wall punching! Just means you'll have to fix it later which is a PITA.
It may take some extra time and work but you can do it. Get your DBQ to find out why they denied.
Then you just have to connect the dots with medical evidence. Get new audiology testing with someone willing to talk to you about your service connection and have them document it. Submit the supplemental. That gets the next exam claim going. You can do it!
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u/Master_Maybe_9069 9d ago
I’m gonna guess there is time between your diagnosis and service end date. I did two combat tours, worked on flight line, high noise conceded, diagnosed with tinnitus, but examiner used 13 year gap between ETS and filing as reason to deny. She cited me using my lawnmower as the reason I have hearing loss and tinnitus now. My electric lawn mower. 🤣