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#1 HvyGns38

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Posted 04 December 2009 - 11:58 AM

My VA award letter indicates that the maximum they can pay out for hearing loss in one ear is 10%. Is this correct?

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#2 Vync

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Posted 04 December 2009 - 12:07 PM

It depends on the code you are rated. Here's what the book says:

http://www.warms.vba...PART4/S4_87.DOC

§4.87 Schedule of ratings—ear.







Diseases of the Ear

Rating



6200 Chronic suppurative otitis media, mastoiditis, or cholesteatoma

(or any combination):



During suppuration, or with aural polyps................................................................. 10



Note: Evaluate hearing impairment, and complications such as labyrinthitis, tinnitus, facial nerve paralysis, or bone loss of skull, separately.



6201 Chronic nonsuppurative otitis media with effusion (serous otitis media):



Rate hearing impairment



6202 Otosclerosis:



Rate hearing impairment



6204 Peripheral vestibular disorders:



Dizziness and occasional staggering......................................................................
... 30

Occasional dizziness.......................................................................
.......................... 10



Note: Objective findings supporting the diagnosis of vestibular disequilibrium are required before a compensable evaluation can be assigned under this code. Hearing impairment or suppuration shall be separately rated and combined.



6205 Meniere’s syndrome (endolymphatic hydrops):



Hearing impairment with attacks of vertigo and cerebellar gait

occurring more than once weekly, with or without tinnitus............................... 100

Hearing impairment with attacks of vertigo and cerebellar gait

occurring from one to four times a month, with or without tinnitus.................... 60

Hearing impairment with vertigo less than once a month, with or

without tinnitus........................................................................
............................ 30



Note: Evaluate Meniere’s syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.



6207 Loss of auricle:



Complete loss of both............................................................................
................... 50

Complete loss of one.............................................................................
................... 30

Deformity of one, with loss of one-third or more of the substance......................... 10





6208 Malignant neoplasm of the ear (other than skin only).................................................. 100



Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation treatment, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based on that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals.



6209 Benign neoplasms of the ear (other than skin only):



Rate on impairment of function.



6210 Chronic otitis externa:



Swelling, dry and scaly or serous discharge, and itching

requiring frequent and prolonged treatment......................................................... 10



6211 Tympanic membrane, perforation of..............................................................................
... 0



6260 Tinnitus, recurrent.......................................................................
.................................... 10



Note (1): A separate evaluation for tinnitus may be combined with an evaluation under diagnostic codes 6100, 6200, 6204, or other diagnostic code, except when tinnitus supports an evaluation under one of those diagnostic codes.



Note (2): Assign only a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head.



Note (3): Do not evaluate objective tinnitus (in which the sound is audible to other people and has a definable cause that may or may not be pathologic) under this diagnostic code, but evaluate it as part of any underlying condition causing it.



(Authority: 38 U.S.C. 1155).





[29 FR 6718, May 22, 1964, as amended at 64 FR 25209, May 11, 1999; 68 FR 25823, May 14, 2003]



Supplement Highlights references: 25(1), 32(1).









Next Section is §4.87a



#3 HvyGns38

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Posted 04 December 2009 - 01:25 PM

Oh, ok. Looks like 10% is the max for complete hearing loss.

Thanks!!!

#4 Vync

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Posted 04 December 2009 - 01:53 PM

Glad to help!

#5 USMC RECON 67

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Posted 06 December 2009 - 07:12 AM

Oh, ok. Looks like 10% is the max for complete hearing loss.

Thanks!!!



#6 USMC RECON 67

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Posted 06 December 2009 - 07:29 AM

!0% is not the maximum for hearing loss. It is the maximum for tinnitus whether in one ear or bilateral. I am rated at 50% for hearing loss, 30% for labyrinthine vestibulitis(which is dizziness resulting from nerve damage in the inner ear as a result of explosions which caused hearing loss and tinnitus) also rated 10% for tinnitus. I had spoken with a friend of mine who I served with in Vietnam and he informed me that his VSO told him the maximum for hearing loss was 10%. I told him he could get a maximum of 100% if his hearing loss was that severe. There are other ratings you may receive concerning hearing loss if your medical records support the diagnosis.

#7 HvyGns38

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Posted 07 December 2009 - 03:49 PM

I am not sure, but I am thinking that I got rated at 10% because my hearing loss is only in one ear, my right. Is this not correct? Should I file a NOD?

Thanks!!!!




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