How is a VA Claim for Tinnitus Denied?
Tinnitus is the most common VA claim, and it’s widely thought to be the ‘easiest’ claim to get compensation for. However, getting compensation for your VA tinnitus claim isn’t simple. You have to meet the same criteria as you would for any other disability.
Given that tinnitus is difficult to diagnose, you may struggle to meet all the requirements of a successful claim. As a result, thousands of Veterans who make VA disability claims for tinnitus are denied benefits. Here, we’ll explore the most common reasons that VA claims for tinnitus are denied, and share how you can address those issues in an appeal.
Let’s dive right in.
The Three Most Common Reasons VA Claims for Tinnitus are Denied
When a claim for tinnitus is denied, it’s usually due to one of three main reasons: a lack of service connection, because you don’t have hearing loss, or because you don’t have a tinnitus diagnosis.
1. You Lack a Service Connection for Tinnitus
The most common reason a VA claim for tinnitus is denied is because it lacks a service connection. Each VA claim requires three essential elements:
A current disability
An in-service stressor
A connection linking the in-service stressor to the disability.
Without the service connection, your claim won’t be granted. Later, we’ll discuss how you can prove that your tinnitus is service connected.
2. You Had a Bad Compensation and Pension (C&P) Exam
Together, hearing loss and tinnitus account for the two most common VA claims. If you have tinnitus, there’s a good chance that you unknowingly have hearing loss. In fact, according to the Mayo Clinic, 90% of people with tinnitus also have hearing loss.
But while these two disorders often occur together, they’re not the same. Therefore, the lack of hearing loss isn’t negative evidence for tinnitus. In fact, one study found that many Veterans won’t even notice their hearing loss until it begins to affect their communication.
If you think your C&P examiner may have conflated the two disorders, consider appealing your claim.
What’s the Difference Between Hearing Loss and Tinnitus?
Hearing loss and tinnitus have similar causes, but they’re distinct disorders. Each has unique symptoms. Hearing loss is often a result of damage to the inner or outer ear. This is usually caused by loud noises, which many Veterans are exposed to during their service. It’s also a common age-related symptom.
Tinnitus may have similar causes as hearing loss. Most notably, tinnitus is strongly linked to noise exposure. Unlike hearing loss, tinnitus creates the perception of noise. It’s believed that damage to the inner ear disrupts the way nerves transmit information to your brain, leading to the perceived ringing, buzzing, or hissing noise.
3. You Haven’t Been Diagnosed with Tinnitus
As we stated, tinnitus is difficult to diagnose. There are rarely any indicators that allow anyone but you to tell you have it. This complicates matters for your claim, as one key element for a successful claim is having a current diagnosis. If you didn’t have a tinnitus diagnosis at the time you submitted your claim, the VA may have denied it for that reason.
To be diagnosed with tinnitus, see a physician. They may simply diagnose your tinnitus after learning about your symptoms. Alternatively, they might refer you to an ear, nose, and throat doctor who can make a better evaluation of your symptoms.
Regardless of whether the diagnosis is made by your physician or a specialist, having it formally included in your medical record is critical for making a successful appeal.
How Do You Prove That Your Tinnitus is Service-Connected?
If your claim was denied, there are three elements that play a huge role in supporting your appeal: your military records, your medical records, and buddy letters. Let’s take a quick look at how each of these can support your appeal.
Reference Your Medical Records
Medical records are vital for creating a service connection. If you don’t leverage the information they contain, the VA will assume your tinnitus is unrelated to your service. Referencing your medical records before, during, and after service can clarify when your tinnitus emerged. For example, if your VA medical records have documented complaints of ringing in your ear during or following your service, it can demonstrate that the tinnitus started during your service.
Additionally, you may be able to file a secondary service-connected claim for your tinnitus. Common disabilities including head or neck injuries, high blood pressure, and temporomandibular joint disorder (TMJ) are known to cause tinnitus.
Another helpful piece of medical evidence is a nexus letter. In a medical nexus letter, a private physician will state whether your tinnitus is more likely than not to have been caused by your military service. While a nexus letter can’t guarantee that your appeal will be granted, it is a highly authoritative piece of evidence.
Use Your Military Records to Illustrate Your Exposure to Noise
Your service records also play an important role in establishing a service connection. For example, Veterans with certain Military Occupational Specialties (MOS) are often exposed to high noise levels that exceed the double hearing protection threshold. But if you didn’t include that information in your claim, the VA might deny it.
In your appeal, highlighting the service that caused your tinnitus can be essential for creating the service connection that’s needed for VA compensation.
Use Buddy Letters or Lay Statements to Show How Tinnitus Impacts Your Life
Finally, buddy letters or lay statements can establish a service connection by providing a third party’s perspective. If you had written or spoken to a friend or loved one about your tinnitus symptoms after they started, they’ll be able to verify when the condition began. For example, your spouse may be able to verify that you only mentioned your tinnitus symptoms after your service.
Was Your VA Claim for Tinnitus Denied? Contact Michael D.J. Eisenberg
Getting the compensation you’re entitled to is important, but it’s also essential to get treated for your tinnitus. Tinnitus can be a symptom of an underlying health condition that needs treatment. Additionally, if left untreated, it could lead to secondary conditions such as insomnia, anxiety, and depression.
If your claim was denied, it doesn’t mean you’re out of options. Depending on your circumstances, a hearing before a Board of Veterans’ Appeals, a higher-level review or supplemental claim could help you receive the benefits your service entitled you to. To learn which type of appeal makes the most sense for your claim, contact Michael D.J. Eisenberg today.
Mr. Eisenberg has over 16 years of experience helping Veterans win the benefits that the VA denied. To schedule your free VA benefits appeal consultation, contact Mr. Eisenberg today.