I reciently heard from a friend that 10% for tinnitus in both ears may have been changed to where I could get 10% for each ear. Any truth in that?
I reciently heard from a friend that 10% for tinnitus in both ears may have been changed to where I could get 10% for each ear. Any truth in that?
Larry South
Larry
A court case at the US Court for Veterans Appeals (The Court) has ruled that each ear is worth 10% for tinnitus. You can not have 5% for each ear.
I would suggest that those with tinnitus already rated service connected appeal their case to force the VA to go back to the date of appeal. I hope the court ruling forces the VA to go back to the date of the decision vs. from the date the VA gets around to making the changes. The changes should occur around Dec. or Jan.
I would say that every single person who regularly worked on the flight line around helicopters or any other type of aircraft have some degree of hearing loss and this includes pilots who flew the different type of craft.
Hearing loss is an incidious type of disability that didn't cause any pain, but if you have a ringing or buzzing in the ears it is a sign or hearing loss and you have tinnitus. It may even be a clicking sound. Tinnitus is a sign you have quite significant hearing loss.
The helicopter alone was enough to cause hearing loss and then we fired m-60's or .50 caliber machine guns, had rockets going off near our ears etc. Then, we had rocket attacks, mortar attacks and every thing else that went boom. File a claim if you haven't already done so, the VA is quite liberal on hearing loss at this time.
Ted Duckworth
Veterans Service Officer
Juneau Co. WI
That's what I wanted to hear. I will be at the county VA rep's office first thing Monday. Thank you for the info and the reply.
Larry South
Tinnitus
Contacted the Oklahoma Department of Veterans Affairs about this and was informed that the VA was appealing this ruleing. We have been put on hold.
Tinnitus
Just recieved another call from the Oklahoma Department of Veterans Affairs and further research shows that there is a window of approval that is not in the appeal by the VA and if you fall in this window you need to apply for the additional 10%. Sorry but he did not tell me anything about the window other then June 2003 was mentioned.
You are right, for some reason that my County VA Rep didn't seem to understand, the VA put a June 2003 cut off window for the additional 10% for bilateral tinnitus. I was awarded the original 10% in July 2002. So, my rep typed it up and sent it off and requested that I keep him apprised of any mail I recieve pertaining to this topic. He apparently has others that are waiting to hear how mine is handled since it seems I qualify under the VA ruling guidelines. However I told him I would suggest anyone should apply if they have tinnitus now and worry about the additional rating after they are rated in the first place.
Larry South
I believe the magic date is 13 June 2003. Mine was approved as of 31 March 2003, so I have had my request sent in also. Will post more as the news comes in.
Simper Fi
Jim
I was just approved for tinitus as of 11/04 does this mean that i can now reapply to get another 10% or I am just out of luck ?
1chuck
What I Was Told By The Rep From Okla Dept Of Veterans Affairs Is: Va Is Appealing The Ruling By The Court Of 10% Per Ear, But If You Were Rated Before 13 June 2003 Then It Does Not Fall Under The Appeal. If You Can Figure That Out Your Aok. You May Still Get It, But Later.
I have it. Have had it for quite a while even while on active duty. Made it hard to pass hearing tests at annual physicals. Tone type tests mimicked those already in my head until they got louder so I could identify the test sound. I have good hearing now but have the constant, consistant sounds, more than one tone, always. Huey Gun pilot, do I have a claim in addition to my other one, a 10%er?
Lanny
Orlando Ingvold,
Sounds to me like BATTMAN is right on with his info about Tinnitus. He has said exactlly what my County VA Rep. has said. Are you recieving 10% for tinnitus now? If your not---- go and apply. If you are, go and reapply for the other 10%. There seems to be a JUNE 2003 window but you should apply anyway.
As far as the hearing test, you are right, they have to turn some freqs. up very high to overcome the ringing. Maybe during any meeting on this topic there should be a recording of these freqs. playing in the background for all to hear. Of course they would have to be at the correct volume. Somewhere between a siren a half block away to a kid riding a tricycle that needs to have a wheel oiled----------- Right next to your head!
Good Luck!
Larry South
I just returned from my County VA rep and was discussing other things with him and I remembered to ask about the Tinnitus thing. He said he had attended a conference reciently and the scuttlebutt was that 20% (10+10) would be granted, maybe by the new year. I know this ain't much, but it is the latest I have.
Larry South
Thanks for the heads up on the tinnitus thing. I haven't heard any thing more on this end. I sure hope your right. Last letter I got from the Veterans Admin said all was on hold. Beats me.
Jim "Battman"
Tinnitus
My husband has tinnitus. Never thought it could be service connected. He served on an aircraft carrier back in the 60s.
Being around helicopters and the high pitched noise they make seemed to make alot of us have tinnitus. I suppose that being around fixed wing aircraft can cause the same thing. Your husband should go directly to his VA rep and see about having it checked out. This is a very annoying thing to have and I am still waiting to hear about the 10+10 = 20 thing. I will post as soon as I hear anything.
Larry South
Larry,
I have done hundreds of claims for tinnitus and bilateral hearing loss. Although hearing loss is tougher to prove, most claims for tinnitus are approved at an automatic 10% when someone can prove they worked around aircraft, weapons or anything that made a lot of noise.
I still am not sure what will happen to the tinnitus ratings from the USDVA. Upon finding the facts I will add a post to this site.
Teddy Duckworth
Juneau Co. Veterans Service Office
WI
I talked to the VA guys in Little Rock today about Bilateral compensation. The guy told me that 10% is the max.
If anyone has advice on how to get the additional 10%, please let me know. I am currently rated 10% (one ear I guess) for tinnitis.
John Adams
The most recent court ruling determined that the language of the law, pre June 2003, allowed for dual ten percent ratings if diagnosed with bi-lateral tinnitus.
If you received a disability rating for bi-lateral tinnitus prior to June 2003 appeal the original ruling. You must appeal the original ruling or it will be denied. My VSO wasn't aware of this and my original request for two ten percent ratings was denied.
I will resubmit and see what happens. As we all know the VA will not make it easy for us.
Incidentally my background is fixed wing fighter aircraft. 23 years USAF. Came across this forum when searching for info on tinnitus.
I have some more late breaking news on this subject but it is on my office computer. As I read it the VA lost on appeal of this decision.
Chief Moe
The following is the latest ruling by the US Court of Veterans Claims. This only applies to those granted a rating prior to June 2003.
Upon consideration of the foregoing, it is
ORDERED that the December 11, 2003, Board decision is REVERSED to the extent that it determined that Mr. Turn was not entitled to separate disability ratings for each ear for his service-connected bilateral tinnitus, and that matter is REMANDED to the Board for expeditious
issuance of a decision that assigns to Mr. Turn an appropriate disability rating for each ear for his service-connected bilateral tinnitus and assigns an appropriate effective date.
DATED: November 9, 2005 BY THE COURT:
WILLIAM A. MOORMAN
Judge
Copies to:
Ronald L. Smith, Esq.
VA General Counsel (027)
Last edited by moe1942; 12-10-2005 at 15:49.
Okay, if I interpet this correctly, that means if I was diagnosed prior to June 2003, that as long as I have appealed the 10% I should start revieving 20%. Please correct me if I am wrong. I will go Monday morning to the County VA rep here and see if he has heard anything. Thanks for the heads-up!
Larry South
Larry, if I understand the wording of the USCVC ruling they told the VA to give the guy another ten percent post haste.
I have been fighting the VA for 23 years. They are past masters at stalling. They will fight this ruling tooth and nail but we have to keep appealing. This is something new so your VSO may not be up to date. I usually pass new info along to my VSO since he is new to the game.
I will stay on top of this as I want the additional ten percent too.. I was rated in Dec 99 with bilateral tinnitus. All the advice, research and experience has taught me to appeal every time a claim is denied.
I will continue to keep an eye on this and pass along any new info.
Finally got tired of saying, "....huh?" to my poor wife....and went in to have my ears checked.....was on active duty as a Naval Aviator for 23 years, with two combat tours; one in '46s, and one in AH-1Js........then.....after an audiologist exam and three months of waiting and answering paperwork.....0% for bilateral hearing loss, and 10% for bilateral tinnitus.....no "20%" and no further discussion.......(eligibility to start from June of 2005) I am not too distressed, as I was just hoping for some assistance from California with college tuition for my three college-age sons.......and any amount of disability creates eligibility..
S/F,
Moon
Yep, my daughter had completed 2 years of college before I found out about the California VA helping with college tuition. When I qualified she immeiately transferd to Cal State U Bakersfield and finished up. It was a great help as we were footing most of the ticket up till then. I still occasionally run across a veteran from California that doesn't know about this. I try to spread the word as much as I can.
Larry South
Gentleman, I worked as a Crew Chief on a CH-53D from 1975 to 1979. About 8 months ago, I began noticing serious ringing in both ears. It's obvious over the years my hearing has deteriorated but the ringing is a different thing. It's quite annoying and it's almost constant.
I have not spoke to any V.A. representatives for anything since my seperations back in 1979. I'm not looking for a V.A. handout but I would appreciate any information on what the V.A. has done in treating this condition. Thanks
Sgt Rick Brohmer
HMH463 F/L
75-79
It is not a hand out; you have the condition there (according to the guy that gave me the hearing test) is no treatment for it.
Many of us that are getting disabiility had no idea that we were exposed to more then what was normal but the country is finding out about agent orange*dioxin the same stuff that brought us Love Canal and the town in Missouri) and desert storm problems and there will probably be something from this war as well. We did not contract with our enlistments to be exposed to poisons we didn't know about that cause lasting problems and premature deaths.
By the way I didn't realize that 53's were that noisy having been in 37's now that was realy noisy, had to shout in each others ear to be heard great for hearing loss
Ricky Brohmer, go to the VA ASAP. However, as I recollect they ask me if my ears had been examined in the past. You can usually find those places that do it for free. Don't buy any hearing aids from them though. The VA will furnish them if they take responsibility. This usually takes a while, but file ASAP to get started.
By the way, 53's are loud! Especially with all the sound proofing removed as we did in VN so we could see leaks and bullet holes and such.
Larry South
I agree with 1chuck. Benefits received from the VA are earned, sometimes with blood. They are not handouts or welfare. I hate to see Vets shy away from the VA because of this thinking or rumors about bad treatment at VA hospitals. The ones I've been in are no worse and sometimes better than civilian hospitals. The price is a lot better at the VA.
I have submitted my claim for a 10% increase for tinnitus based on the recent ruling by the USCAVC. Will post results when they rule. As everyone knows that could take awhile.
As I posted earlier this ruling only applies to those rated for bilateral tinnitus prior to June 2003. Those rated after that date need not apply. They changed the law.
Everyone probably knows this but no sense submitting a claim unless the problem is in your AD med records. No nexus, no rating, no recourse.. Also try to use the DAV or the MOPH org to handle any claims.
Gentleman, thank you for the information on this occupational disease. No disrespect was meant when I said "VA Handout" it was simply a bad choice in words when typing into the thread. I was in a hurry and should have used the words benefits. Larry, I will make an appointment to the VA to have it checked out. Thanks again. Semper Fi
Rick Brohmer
Ricky, my comeback was not meant to be a chastisement. Hope you didn't take it that way. I simply meant to point out that that thinking is, unfortunately, the norm.. Too often some VAMC's and VA personnel tend to give that impression.
I hope you have something in your medical records related to ringing in the ears. If so you will get 10% with little difficulty.
Let me know if you think I can help in any way.
Incidentally, you live in my neck of the woods. Grew up on 40th and Howard in Milwaukee county. My brother has a business in Waukesha. My youngest son lives around 70th and Layton in Milwaukee.
I moved to God's country, La..
I just called my VA rep and he told me that the VA had appealed the court order dated 9 Nov 2005 and that they were not paying on each ear no matter when you received your current status. If any one has any info on this please advise.
I have been fighting with them for several years about my back, been to 2 DO's and been told to my face "your in bad shape and not going to get any better" but the report to the VA was just the opposite. Now I'm using my private insurance to go to a specialist and then I'm going to file that with them.
I hope all of you have better luck with the Big Boys then I have.
J. Batt
email: the2batts@sbcglobal.net
Battman, they must have appealed to God because, unless they have instituted another level of appeal, the USCAVC is the final step and they have told the VA to start paying ASAP.
You have taken the best avenue by getting a workup by a other than VA doc.
If their eval is favorable to you it is almost never contested. The quacks, AKA has beens, employed by the VA for C&P exams follow the party line.
Don't ever give up. Appeal, appeal, appeal...
Thanks for the help Moe. My rep at Okla. dept of Vet. Affairs told me he went to the VFW who started all this and they told him the VA had appealed to Congress and he also said the VA told him the same. There has to be some one out there who has the truth and can put it all in order. I have no more contacts.
I just spoke to my County VA rep last Friday to see if he had heard anything regarding the 10% for each ear. He told me that I would know before him and to please let him know when I did hear. Also, you are correct in seeing a private Dr. for anything you take to the VA. I have a Dr. that has been contacted 4 differant times regarding my claims and he has always been helpful to my knowledge. I always tell him that the VA will be contacting him and so far he has been prudent in responding to them.
Good Luck!
Larry South
I am going to try to hunt down Mr Turn. He was one who brought his case for double ten percent all the way to the USCAVC. Their decision was that he was entitled to ten percent for each year due to the language of the law prior to June 2003. They told the VA to pay up.
As far as I know the VA will not be able to get the language of the law changed retroactively. But this is USA 2005. Anything is possible.
The only thing in our favor anymore is an election year..
As soon as I can uncover something I'll pass it on..
Apparently I am wrong. The VA has more options up its slimy sleeve. Here is the answer I just got from the American Legion.
Thank you for contacting The American Legion National Headquarters. The short answer to your question is "not yet." The Department of Veterans Affairs (VA) has appealed the CAVC decision (Smith) to the United States Court of Appeals for the Federal Circuit and has issued a stay on applying the CAVC's decision in Smith until the Federal Circuit decides the case.
Steve Smithson, Deputy Director
National Veterans Affairs & Rehabilitation Division
The bureaurats in the VA aren't going to give up their money without a fight. Please remember that they have to pay from the date of the claim, so submit and keep appealing. You have to keep your claim alive.What I don't know and have been unable to find out is if they will have to reimburse us from the date of the original claim. In my case that would be March 1999. I will try to unravel that mystery.
I think the "not yet" in the reply I got from the AL is an indication thet they think this next court isn't going to over rule at least two subordinate superior courts.
Me; I plan to fight them like I did all other enemies, to the bloody ******* end..
Last edited by moe1942; 01-12-2006 at 09:02.
If the VA loses in the Court of appeals in the Federal Circuit they can go to the Supreme Court. I have no doubt they will. They have deep pockets. Ours...
I was granted 10% for bi-lateral tinnitus in Nov 2001 after filing in Feb 2001. I also got 0% service connection for hearing loss. At that time the scuttlebutt was that it was 10%, period, for tinnitus. In the next couple of years I noted that the DAV was taking a case all the way and I asked my VSO if I should reopen my claim. I believe my VSO is top notch and they fight like hell for any vet they represent. At that time I was told to sit tight and wait to see if they get a ruling for the vet. It was a couple of years later, and they did get a positive ruling but as has been pointed out, it was a little confusing. In March of 2005 I filed to reopen my claim and asked for 10% for each ear. In October I was notified that my claim was denied since it was pre 2003. My VSO filed an appeal for review at the Regional Office. I got the answer last week and it was again denied based on the fact that I did not ask for dual ratings when I filed in 2001. I was diagnosed in 2001 with bilateral and that is what my original decision says but now they are saying that since I did not ask for dual ratings when they were not granting dual ratings that I am out of luck. The most obvious problem with all this is that veterans with exactly the same disability are being treated differently based on when they filed. The unfairness of that is glaring. I will be talking to my VSO this coming week to see how to proceed but I will be adamant about sending this to the BVA based on the unfair application of the ruling. Maybe this is being appealed again and there are things happening that I don't know about but I feel the need to perservere in this fight.
Chippysgt, I too was granted 10% for bilateral tinnitus in 1999. At that time the VA was interpreting the law as saying ten percent for both ears. The BVA has ruled that prior to June 2003 a separate rating of ten percent will apply. The VA, naturally , has again appealed to the federal circuit.
Keep your appeal alive and you shgall prevail. Might be an old dude when that happens but it will happen. The VA figures that each year they can stall the less they will pay out.
Im glad your VSO helped you mine was compleatly ineffectual and then seemed like he wished I would go away. Ended up having to redo my application 3 times and got no help from him at all. The first guy I had retired and if it weren't for him I would have gotten nothing as the VA lost my 214 and sent me a form saying I was a Vietnam era vet not a Vietnam vet. He asked for my personnel history (206) file and that proved I was a Vietnam vet
1Chuck, sounds like you drew the short straw. The only reason I can think of to make a distinction between in country VN Vet and VN era vet would be for the agent orange registry. Should have no bearing on a claim for tinnitus.
If you know your VSO is inexperienced get with the nearest DAV rep. They are good people and have the knowledge to pursue a claim.
Never let a DD214 get away from you. The local clerk of court will make true certified copies for little or nothing. These copies will be accepted by any agency, including the VA.
True words on the DD 214. There was a scare a while back that it was not safe to record your DD 214 with the County Recorder. I checked it out and went right to the elected official in charge of this. He told me that a DD 214 will only be released to the person who recorded it or to an authorized representative with a notarized affidavit. It is also a good idea to have it there in case of death when the family needs it for the national cemetery or VA benefits like DIC.
Lots of times the vet forgets to tell the family what part of the attic things like that are stored in.
Back to tinnitus. I talked to my VSO this AM. She had talked to a couple of people at the Oakland RO, including a retired Navy guy who is an acquaintance of mine and who urged me to pursue my original claim. He is in the rating and adjudication division. He told her that this issue for vets like me and a few others here, is under appeal by the VA but it is not a strong case and it will probably be decided in favor of those of us that had claims approved for bi-lateral tinnitus prior to 2003. He said it was a mistake for them to deny my appeal since the matter is waiting for a decision. What bothers me about that is that I am an aggressive fighter for the rights of veterans and I educate myself and ask questions. I don't quit without a fight. There are lots of guys that get a decision from the VA and think that is the end of the road. In that case the VA saves some money at the expense of a veteran who has earned the comp. I am not down on everyone at the VA but I believe that there are incompetents who work there and there are those who are not prone to give the vet the benefit of the doubt. I get pretty good health care from the VA and I have had more positive stuff than negative but this issue has my hackled raised and I am ready to do battle. I am mailing a copy of my decision and a signed Form 9 to my VSO today and that will at least keep my in line. I am confident that this will have a favorable result although it may take some time. You just cannot give unequal benefits to two vets with identical disabilities. There is some comfort is recognizing that benefits are retroactive to when you filed.
I also agree that the DAV has some really great NVSOs. I insist upon someone who is certified and gets paid for it. I personally go to the VSO in an adjacent county because the one in my county is not as experienced or as agressive. If I got the shabby service that was described, I would be letting my county supervisor know about that.
Chippysgt, sounds like you and I have the same mindset regarding VA disability ratings. Since retiring I have chewed on their leg for almost 24 years. I have had to appeal every claim I submitted. I received a favorable rating from the BVA on my most recent appeal in early Dec last year. I am still waiting for my award letter from the RO.
The 800 VA customer service number is pretty useless for other than very routine questions. They couldn't tell me where my file was located but my VSO located it and lit a fire under them.
I too have an appeal filed for bilateral tinnitus as you probably know from reading my posts. Any progress on the current appeal by the VA in the Federal Circuit is of great interest to me. The case is filed as Smith vs Nicholson.
Glad to hear your sources say it will be decided in our favor but I feel the VA will delay further by going to the Supreme Court. Every year they delay the less they have to pay out..
The best and only course of action on our part is appeal, appeal, appeal..
Here is a statement copied from the DAV website. They led the charge on dual ratings for tinnitus.
DAV Prevails in Fight Over Tinnitus Claims
On April 5, 2005, the United States Court of Appeals for Veterans Claims handed down its decision in Smith v. Nicholson. The DAV had argued on behalf of Mr. Smith that he was entitled to two separate ten-percent disability ratings for service-connected tinnitus, i.e., ringing, in his right and left ears. The Department of Veterans Affairs (VA) argued in Smith’s case, as well as in a large number of other cases, that the VA Schedule for Rating Disabilities provided for only one ten-percent rating, regardless of whether the tinnitus was present in only one ear or both ears.
The Court held that: “Based on the plain language of the regulations, the Court holds that the pre-1999 and pre-June 13, 2003 versions of [diagnostic code] 6260 required the assignment of dual ratings for bilateral tinnitus.” Veterans who filed a claim for service connection for tinnitus in both ears, or who claimed an increased rating for that condition, prior to June 13, 2003, may be entitled to receive combined disability compensation based on two ten-percent ratings for tinnitus. Additionally, the law does not permit any such ratings to be reduced in the future, unless the severity of the tinnitus is shown to have actually improved.
The decision of the Court of Appeals for Veterans Claims in the Smith case has not yet become final. The VA appealed that decision to the United States Court of Appeals for the Federal Circuit on June 22, 2005. The VA and Mr. Smith have both filed opening briefs, and the VA’s reply brief is due in January 2006. DAV anticipates that the Federal Circuit will hold oral argument on the VA’s appeal in the spring. The Federal Circuit is likely to hand down a decision in the second half of 2006.
Veterans who believe that they may be entitled to benefits based on the Smith precedent should promptly contact their DAV National Service Officer.
Yeah, I had already seen the DAV website info.
I have serious doubts that the Supreme Court would be willing to take jurisdition of a case involving the VA (US Government) appealing a decision of the federal appeals court. I don't think the case involves constitutional issues per se.
I think if the VA loses at the appellate level we will get the 20% rating.
To me it all boils down to the issue that if it is good for one, it is good for all. If they say we both have service connected bi-lateral tinnitus, they can't give me 20% and give you 10% for the same thing. Even a lawyer ought to be able to understand that logic.....................................
Chippy I hope you are right about the supremes but stranger things have happened. The VA, using unlimited funds (ours), could get it on the supremes docket and milk another year or so out of another favorable ruling. Guess my cynicism is showing..
Don't know about you but a year at my stage in life is too much. As I have said, I have lived and experienced their stall and deny tactics for too many years.
Maybe we will see a ruling before the fourth. I will check often at the Federal Circuit for any new info..
Moe,
I think the distinction between Viet Vet and Viet Era Vet is important as I know a couple of guys who have been portraying themselves as Vietnam Vets and letting people assume they were in country, combat vets when in fact they spent their entire tour of duty in Germany or other cushy spots.
I have seen these same get benefits that those experienced to Agent O were entitled to despite lack of exposure. I also have known a couple who never set foot in country but were diagnosed, and received benefits for, PTSD and/or other psychiatric illnesses. Ditto for job preference in government hiring. My sense of fairness recoils at this, yet the VA made many promises it never intended to keep.
Deborah
Maybe we will see a ruling before the fourth. I will check often at the Federal Circuit for any new info..[/QUOTE]
Moe,
Hope you are still monitoring this subject. I was at a meeting today in our County Veteran's Service Office. Kind of a nice meeting with our State Senator about some state issues for veterans. We had guys from the Marine Corps League, Fleet Reserve, American Legion, VFW, NAUS, DAV and VVA. A pretty good cross section of the veteran community.
Anyway, after the meeting I checked with my VSO about my Appeal to the BVA. I have requested a hearing with the traveling board. She tells me that she just recently heard that cases like mine and I think yours, are on hold waiting for the decision on the VA appeal. If the appeal is denied we may not have to have a board hearing according to her. So I guess I will continue to be patient. At least if it comes in favorable to us, the benefits are all retroactive.
Brian
Moe,Originally Posted by Chippysgt
Hope you are still monitoring this subject. I was at a meeting today in our County Veteran's Service Office. Kind of a nice meeting with our State Senator about some state issues for veterans. We had guys from the Marine Corps League, Fleet Reserve, American Legion, VFW, NAUS, DAV and VVA. A pretty good cross section of the veteran community.
Anyway, after the meeting I checked with my VSO about my Appeal to the BVA. I have requested a hearing with the traveling board. She tells me that she just recently heard that cases like mine and I think yours, are on hold waiting for the decision on the VA appeal. If the appeal is denied we may not have to have a board hearing according to her. So I guess I will continue to be patient. At least if it comes in favorable to us, the benefits are all retroactive.
Brian[/QUOTE]
Yes I still pop in from time to time. Haven't had anything of substance to post. Good to hear about the VA appeal. I haven't heard anything until now. The Fed circuit is like a secret organization.
Thanks for the update.
Moe
Brian, the VA appeal at the Fed Circuit is Smith vs Nicholson I hope. I may be looking for the wrong case.
My disability rating was recently upped to 70% so I am not sure if another 10% would benefit me. I haven't figured out VA math. After playing tag with the VA for 24 years I'm growing weary. It may be time for R&R.
The Feds have rendered a decision in Smith vs Nicholson. Not sure what they said and all my sources are mum on the subject. I visit a site that has quite a few RO rating specialists participating and the one and only comment made was that the feds remanded the case to a lower court for a decision favorable to the DAV's position.
I don't understand legalese so I can't unravel the decision myself. Even the DAV is mum on the subject.
Moe,
I read over some of the decisions too and they all seemed to support our cause but again, like you, I am an honest man, not a lawyer. It does sound promising though. I will continue to patiently wait.
I was pleased to hear from my County VSO that she has had Iraq War veterans getting claims settled in as little as a month. My VVA chapter was selling hot dogs and drinks at an event yesterday and a young kid came up and was looking at our table with pins and t-shirts, He had a beard and sandels so I was wondering and I asked him if he was a vet. He says Yeah, 82 Airborne and just got back from his second tour in Iraq. I hugged the hippy looking turd and gave him a big Welcome Home. Says he finished a tour in the Army and just signed up for six years in the National Guard. Made me feel good to met a young patriot that is proud to be serving his country.
Chippysgt,
It is too quiet on this Fed Circuit decision. Nothing at the DAV site either. You would think they would have posted something if they won.
I go to six Vet sites and except for that one comment nothing. Very strange.
I too am glad to see that recruitment hasn't dried up. Although going Guard is almost the same as active duty anymore. At least the guys in the 256th here in La would agree.
Looks like this is a dead issue. Everything I have read seems to indicate the fix was in.
Tinnitus score: VA 1, Vets 0...
It wouldn't have affected my rating but many others would have benefited.
I just recieved a letter the other day, one of about 6 this year, assuring me my claim is still in the works. Seem like if they stopped sending out those damn letters and spent more time processing claims we all might be more content.
Larry South
I received one once and I didn't have a claim in the system.
I think I will quit fooling with the VA. I'm at seventy percent and I don't need the aggravation. I won't even put in for IU. Getting too old to jump through hoops. Think I'll just try to help others with info I've gained the hard way.
For those who are still in the fight, a good site is hadit.com. A few there that are pretty savvy about the claims process.
My best to all.
Moe 1942, Damn you, don't be like that! When I go to the VA clinic we have here in Bakersfield, the one thing I am proud of is, I can always spot a Marine because there are always a bunch of hippy looking, weirdo's there and I can almost always strike up a conversation with a Marine. Don't give up any fight you may have. If you need help, let me know. I am only about 4 years into the VA system and I am sure I will need your help in the future.
Larry South
The full text of the decision by the Federal Circuit Court of Appeals,. (Link goes to .pdf file)
http://www.ll.georgetown.edu/Federal...ns/05-7168.pdf
The fight to have tinnitus determined to be bi-lateral (20%) instead of a single condition at 10% was lost recently, June 2006, at the Fed Circuit in the Smith case. Of course that decision only affects vets who filed before May 2003, because the VA further revised DC 6260 in May 2003 so that claims filed after that date could only get a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head." 38 C.F.R. § 4.87, DC 6260 (2004).
The DAV is trying to take the case to the Supremes, but over the years they've shown little interest in veterans' cases. About the only significant one they ever decided was Gardener, and right after the did that, Congress revised 38 Sect.1151 to delete that veteran friendly provision. So don't hold out any special hopes for Smith at the Supreme Ct
TINNITUS CLAIMS AFFECTED BY SMITH V. NICHOLSON – UPDATE
In the Smith v, Nicholson case, the U. S. Court of Appeals for Veterans Claims reversed the BVA decision, which concluded that no more than a single 10-point disability evaluation would be provided for tinnitus. Subsequently, in a decision dated June 19, 2006, the Federal Circuit reversed the Veteran’s Court decision and affirmed VA’s long standing interpretation of DC 6260 authorizing a singly 10-percent rating for tinnitus, whether unilateral or bilateral.
Actions by the CAVC, VBA and BVA:
• The Court of Appeals for Veterans Claims has imposed a stay on processing any appeals involving this issue until period allowed for an appeal to the Supreme Court expires. (Under Supreme Court rules, a petition may be submitted within 90 days of the date the appealed decision was entered in the lower court.) See: http://www.vetapp.gov/MiscOrd-5-06.pdf
• The Chairman, Board of Veterans Appeals (BVA) lifted the stay on processing these tinnitus cases by rescinding his Memorandum No. 01-05-08 (April 28, 2005), “Processing of Tinnitus Claims affected by Smith v. Nicholson – Imposition of Stay.”
• In a memorandum dated July 10, 2006, lifted the stay on processing certain tinnitus claims utilizing the interpretation of the regulation that a single 10-percent rating is the maximum rating available under DC 6260.
"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
Larry didn't know I came across as a quitter per se, but rereading what I said it did sound that way. I meant to communicate that I had reached a point where my conditions would have to deteriorate much further before I could ask for any increase in ratings.
The tinnitus case was the last one I could pursue and it wouldn't have increased my rating.
I don't need the aggravation but I have put up with the VA BS for 24 years and just need a breather. I think the best I can do now is put what I have learned to use by helping others.
Also, I'm USAF...
I may have overreacted a little when I thought you were quitting. Even if you are USAF. Sounds like you are right about the decision though. Oh yeah, I think I may have confiscated some plywood from you guys @ MMAF. Looking forward to having a beer with you someday.
Good luck, Larry
Larry South
My trap worked. We've been looking for you! It was Nam 70. You never brought the steaks...
Dittos on the beer.
Moe
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