Legal Question in Veterans Law in New York

Tinnitus and Secondary Depression

I have my claim at the rating board for the VA and I a have supporting documentation but the claims examiner who did my CNP sadi in his opinion ther is no nexus what in your opinion is the odds on my claim being settled in m,y favor


Asked on 6/04/09, 12:33 pm

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Tinnitus and Secondary Depression

Regardless of what his opinion may be, one can always appeal several times and levels to have others look at the claim.

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Answered on 6/04/09, 1:00 pm
Jill Mitchell-Thein Heard & Smith, LLP

Re: Tinnitus and Secondary Depression

These can be hard to prove. Are you already service connected for the tinnitus? That is the first big hurdle. Once you have that, then you need good, strong supporting evidence that the depression is caused by it. Aside from a private psych opinion about the connection, it would help to file as many statements as you can (if you haven't already) from family, friends, co-workers about symptoms or behavior they have witnessed. I have seen a lot of vets w/bad tinnitus or hearing loss who avoid social situations because of it and then feel alienated and isolated. They have a hard time working or finding work because it is so distracting or out of control, so any employment related info might help if it applies. I hope this helps. Good luck.

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Answered on 6/04/09, 1:14 pm


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