Introduction
The Department of Veterans Affairs (VA) is contemplating changes to how the federal agency rates various medical conditions, including tinnitus. The proposed VA rating changes could have a significant impact on new disability benefits claims, considering tinnitus is the single most prevalent disability among veterans receiving disability benefits. For example, in 2022, more than 2.7 million veterans with tinnitus received disability compensation after the diagnosis. That represents roughly 8 percent of all VA disability claims.
Overview of Tinnitus
The VA defines tinnitus as “the perception of sound in the absence of an external source.” In many instances, veterans with tinnitus are unable to identify the onset or cause of the condition. Current medicine indicates that tinnitus likely stems from abnormal neural activity at some point or points in the auditory pathway, which is incorrectly interpreted by the brain as an actual sound.
Current VA Rating System for Veterans with Tinnitus
Pursuant to 38 CFR 4.87, a veteran diagnosed with recurrent tinnitus is likely to receive a 10 percent disability rating. However, if the veteran’s tinnitus condition is associated with hearing loss, the rating could be higher due to the underlying condition.
Tinnitus, in and of itself, is rated at 10 percent pursuant to Diagnostic Code (DC) 6260. This rating holds steady whether a veteran has tinnitus in one ear or both ears, and whether sound is perceived in the veteran’s ears or head.
VA’s Proposed Rating Revisions for Veterans with Tinnitus
As indicated above, under the current VA rating system, veterans with tinnitus can receive a 10 percent standalone claim for benefits. The VA’s proposed change, however, would stipulate that tinnitus “must be attributed as a symptom of another condition, such as hearing loss, a perforated eardrum, or Meniere’s disease.” In addition, tinnitus has been found to cause other serious medical conditions, including sleep apnea and high blood pressure, which may trigger a separate rating. The impact of tinnitus could then be incorporated into the analysis when assigning a rating for the underlying condition.
The proposed rating change may help some veterans with tinnitus, particularly when the veteran’s tinnitus is considered a symptom of another condition. In this scenario, veterans with tinnitus could wind up with a potential increase in their overall rating. However, the proposed change could create significant challenges, or downright obstacles, for veterans with tinnitus who are unable to link their tinnitus to another condition. It is not uncommon for audiologists to diagnose tinnitus related to military service without linking the condition to hearing loss. In this scenario, veterans with tinnitus could be at risk of not receiving a rating for their tinnitus.
It is worth noting that the proposed change would not affect veterans who are currently rated for tinnitus. This means veterans with tinnitus currently receiving a 10 percent rating will effectively be “grandfathered in” through the current rating system, assuming the proposed changes become finalized.
Significance of Proposed Tinnitus Rating Change
As mentioned earlier, the VA’s proposed tinnitus rating modifications are significant considering tinnitus is one of the most prevalent service-connected disabilities cited as the basis for disability claims. In fact, tinnitus was the leading service-connected disability for new claims in the VA’s Annual Benefits Report, ahead of other conditions like migraines, hearing loss, lumbosacral (cervical strain), etc.
Rationale for the Proposed VA Tinnitus Rating Change
The VA’s rationale for the proposed rating change is to align ratings with current medical understandings. The VA points to medical studies and literature indicating that tinnitus is generally a symptom of another underlying condition, as opposed to an independent condition.
Filing a Tinnitus Disability Benefits Claim
Veterans with tinnitus who have not filed a claim should consider doing so before the proposed rating changes take effect. To commence a tinnitus disability benefits claim, fill out VA Form 21-526EZ. It is important to properly fill out the form in its entirety. This VA claim form, in addition to supporting evidence, can be filed online, by mail, in person at a VA regional office, or with the assistance of a trained professional (also known as an accredited representative).
Supporting Evidence for a Disability Benefits Claim for Veterans with Tinnitus
For veterans with tinnitus, examples of supporting evidence for a disability claim typically include:
- VA medical records;
- Hospital records and reports;
- Other medical records; and
- Supporting statements from individuals who know the veteran and how tinnitus has adversely impacted the veteran’s life. It is important to note that supporting statements are not mandatory, but can help in getting the disability benefits claim processed more quickly.
Once the tinnitus disability benefits claim is filed, the next step is to wait for a decision from the VA. Veterans can utilize the VA’s online tracking tool to check the status of their claim.
When a decision is made, the veteran will receive a notice in the mail. Typically, a decision will be rendered within three months. Though, the length of time for a VA decision will vary based upon the specific type of claim, the complexity of the veteran’s disabilities, and how long it takes the VA to gather and review relevant evidence.
If the veteran disagrees with any part of the VA’s decision, such as eligibility for benefits or disability rating, the veteran has the right to file an appeal. Filing an appeal can be accomplished by filing a supplemental claim with additional supporting evidence, requesting a higher-level review, or filing an appeal with the Board of Veterans’ Appeals. At this stage, it may be worthwhile to speak with an experienced and knowledgeable New Jersey VA disability lawyer to discuss the appeals process.
Filing for VA Disability Benefits Due to Tinnitus? We Can Help.
Tinnitus can affect every aspect of your life, from your ability to work to your overall health. Even if your tinnitus was not directly caused by your military service, you may still be able to receive benefits for this condition if it is linked to a service-related disability. Working with a New Jersey veterans disability benefits attorney can increase the chances of being approved for a combined rating based on your primary condition and tinnitus.
At Bross & Frankel, we are proud to help the men and women who have served our country. We offer a range of legal services for veterans, including assistance with filing for VA disability benefits. Contact us today at (866) 708-3985, or online to schedule a free initial consultation.