tinnitusThe maximum rating for tinnitus is low—only 10%. However, that rating can be increased if you have another—secondary—medical condition that is the result of your tinnitus.

Tinnitus is a condition which causes the perception of noise or ringing in the ears. While tinnitus affects approximately 15 to 20 percent of the general U.S. population, a disproportionate number of Veterans have this health issue. Many of those who served in the military were exposed to some of the common causes of tinnitus like loud noises from military equipment and gunfire or traumatic brain injuries suffered in combat.

All too often, Veterans applying for disability benefits overlook secondary conditions and miss out on much-needed benefits they are entitled to. Filing claims for secondary conditions can significantly increase your VA rating and compensation. You’re eligible for secondary disability benefits if your illness or injury has caused another different or separate condition. For example, a secondary disability might be depression caused by the loss of a leg in combat. Or suppose a Vietnam Veteran is eligible for VA disability benefits because they have diabetes from Agent Orange exposure. Any medical condition that is caused by diabetes is now considered a secondary service-connected impairment.

There are many conditions that can be caused by tinnitus including:

  • Bruxism – Jaw clenching or teeth.
  • Chronic Fatigue Syndrome (CFS) – Fatigue is often worsened by the presence of tinnitus. 
  • Erectile Dysfunction – Can result from stress, mental health issues, or medications related to tinnitus. 
  • Hearing Loss 
  • Hypertension – There is some medical evidence which suggests a link between tinnitus and high blood pressure. 
  • Meniere’s Disease – This is a disorder of the inner ear that can cause vertigo and tinnitus. 
  • Mental Health Conditions – Anxiety, depression, and PTSD are often associated with tinnitus. 
  • Migraine Headaches 
  • Sleep Disorders – Ringing in the ears can disturb sleep and lead to insomnia and sleep apnea. 
  • Traumatic Brain Injury (TBI) – TBIs can cause or worsen tinnitus. 

Filing a claim for conditions secondary to tinnitus involves the same process as filing any claim for service-connection. Specifically, you start by filling out and submitting VA Form 21-526 – an original claim for service connection. You can do this online at va.gov, in person at your local Regional Office, or with help from a Veterans’ advocate.

Proving secondary service-connected disabilities can be tricky and unfortunately, the VA often denies secondary service-connected disabilities. To win your case for secondary benefits first you must prove that your initial disability was service-connected, that is, directly caused by your military service. To establish this proof, you will want to submit evidence of your diagnosis, medical tests, treatments, and any other relevant evidence. Then you will need to provide evidence of nexus—a connection—between your primary and secondary disabilities. Here it is critical that you have testimony or reports from medical experts to back up your claim.

Because filing for disability can be complicated and sometimes frustrating, it’s important to hire an experienced VA disability attorney to help with your claim. There’s no easy formula for addressing Veterans’ claims, especially for secondary disabilities. At Cuddigan Law, we examine each case individually, develop the best strategy, and work with you to submit your claim or file an appeal if it’s been denied. Call us for a free evaluation of your situation. And if you hire us, we only get paid when you win your case.

 

Sean D. Cuddigan
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SSA and VA Disability Attorney in Omaha, Nebraska
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