Showing posts with label hearing loss. Show all posts
Showing posts with label hearing loss. Show all posts

29 May 2024

Tinnitus: A Frequent Disability of C-123 Veterans. Should You File a Claim?

Yes. Absolutely submit a VA disability claim!

"It's a fact aircrews know well. Service members who work in and around aircraft are more likely to suffer hearing deficits!" (VA publication)

Aircrew duty in a C-123, C-130 and other military aircraft frequently causes (or worsens) hearing loss and/or ringing in the ears (tinnitus.) Hearing loss is the most common disability claimed by veterans and it is serious. Hearing loss and tinnitus is usually permanent, cumulative, and worsens with aging well past the years of your military service.

When a veteran submits a claim, the VA arranges a hearing test (a "Compensation and Pension Exam.") Then, if the problem meets VA standards, the vet is granted a disability rating, typically ten percent. In 2024 that's about $171 per month, tax-free, for the rest of your life. They also provide medical care with free audiology exams and high-end hearing aids if required. The compensation dates from the day VA receives a claim, so it makes sense to apply immediately if you believe you have the problem. Claims can be submitted on-line or by mail. Major veterans organizations such as DAV, VFW and the American Legion offer free claims assistance, as do all state veterans service departments and most counties.

It is important to know hearing problems can also lead to other, even more serious disabilities. The VA considers these "secondary conditions." Linking these secondary conditions to the initial hearing loss disability can lead to an increased overall disability rating, vital VA medical care for those problems and  greater monthly compensation.

Example: My college roommate had an incident during Army Reserve basic training in 1969 which affected his hearing and was documented. However, that documentation was misfiled into his dental records. Over the years following military service the hearing loss increased greatly and he was convinced (he resisted years of my urging!)  to submit a VA disability claim. He was initially granted a 30% disability rating due to the severity of the hearing problem but his secondary condition of depression related to hearing loss lead to a 100% total disability rating. He initially received a check for around $32,000 and qualified for full federal and state veterans benefits, something Reservists and National Guard personnel don't usually qualify for without active duty service.

This was a significant financial benefit, much needed in his situation. I referred him to Katrina Eagle, an experienced veterans attorney who discovered the "lost" Army documentation for the original 1969 hearing injury, and she convinced the VA to make this veteran's 100% disability rating retroactive - to 1969! The final check for that backdated VA compensation was well over $100,000.

That was certainly an unusual situation, but secondary conditions are important for the VA to address, both in medical care and compensation. Let's look at hearing injury secondary conditions:

Secondary Conditions Related to Aviation Tinnitus or Hearing Loss:

Migraine Headache Conditions Secondary to Tinnitus or Hearing Loss: (continued below)

10 June 2021

HELPED ANOTHER VET WIN HIS VA CLAIM – MY COLLEGE ROOMMATE FROM 1969

Paul (left) and Wes, San Diego 1967

PAUL HANSEN, my roommate from college days and friend through half a century, is very deaf. He hears sounds but needs powerful hearing aids to grasp the words. He and I were roommates during and then after college because I joined IBM in San Diego and recruited him. We even were occasional bunkmates in the Army, and travels over the years gave us the opportunity to stay in touch. I'm writing this note to remind all veterans that military service has made us  brothers and sisters; we should always help others, including getting them help from the VA when needed.

Paul was supposed to be best man at my wedding on June 14, 1969, but he instead found himself headed off for Army basic training. While at Fort Bragg he had an incident on the rifle range leaving him but totally deaf for days. He was seen at the base medical clinic but the damage was done: he gradually regained most of his hearing after a week of rest, but then year after year, each ear "rang" louder and louder as Paul's tinnitus developed. And so did his bilateral hearing loss worsen. A lot!

This was a half century ago. SP5 Paul Hansen was a traditional Army reservist, serving his initial six months of Active Duty, but no active duty after that to qualify him as a veteran, nothing making him eligible for VA care and benefits. Paul finished his service obligation and began life's journey in earnest.

Because we kept in touch and visited occasionally, I was able to notice Paul's hearing loss and urged him to apply to the VA. In fact, I even filled out his disability claim somewhere around 2014 or so. But Paul is a perfect example of procrastination, and the application lay somewhere, ignored until it got shuffled into some pile of documents never to be seen again. Okay, I'm a nag. Phone call after phone call, "how ya doin" was followed by reminding him to file with the VA.

Paul's hearing loss was significant, but the need was for him to establish veteran status with VA, entitling him to hearing aids but also vital health care for a multitude of other problems. The disability compensation of his claim was an insignificant concern  – Paul needed the wide range of VA benefits due disabled veterans and he'd never be one without getting around to submitting his claim.

It got to the point that we both realized it just wasn't going to get done, and with his permission I went ahead and applied to the VA for tinnitus and hearing loss disabilities. The initial obstacle of getting Paul to file finally accomplished, we next moved to finding proof of his Army rifle range problem. I filed a request with the Army's personnel records center in St. Louis and the vital proof of injury medical records were promptly sent to us. 

I then had to build an argument that even though he was a traditional from Reservist fifty years back, Paul's injury should entitle him VA care and benefits. Paul wasn't even a proper veteran per the law because he'd never performed a period of active duty after basic training. But have a medical background and I also knew a loophole: the law provides that Reservists and National Guard troops, if they have a disabling injury during their initial active duty or on subsequent training, that injury satisfies the law's requirements for full veteran status. Further, because Paul's training was during the Vietnam war he'd have a wider range of important coverages as a wartime veteran but only if he succeeded in his claim. 

I also wrote a lengthy report about the Army's history of troops' hearing injuries in the years before earplugs were even permitted on a rifle range. I quoted similar VA disability claims from other veterans where applicants had claims approved, even years later like Paul. Because of Paul's age and health, his claim needed to be approved on the first pass, not rejected for correction or appeal. Too often, claims have flaws that delay the process a year: we expected Paul would get a small 10% disability award for his hearing but worried about any delays.

This week, VA having approved his claim on the first pass, Paul Hansen became an honored disabled veteran. 40% disabled, not just 10% as I hoped. Another health issue still is under consideration and we're hoping it will put Paul over 50% disability, at which point all his medical care is provided free. Other benefits:

The VA decision on his application came in the mail to announce his disability retroactive to December 2020, the date VA received his claim. Paul, faced with many health issues, is finally entitled to VA hearing aids and so many other benefits.

Here, I'll take a firm grasp on my initial urge to tell Paul what his retroactive check would have totaled if HE'D ONLY DONE AS I SUGGESTED SEVEN YEARS AGO.

A note: Paul's dad's Coast Guard bridge coat saved my life once, literally. But that's another story.