How To Write A Powerful Lay Statement For Tinnitus | 4 Steps

What is a lay statement, and why do you need one for tinnitus?

I once heard someone ask, “Why is it that they just won’t take my word on the fact that I got tinnitus in service at the C&P?”

The VA system and process is a LEGAL process. In other words, if you don’t write it down, it doesn’t exist. Even when someone is a witness on the bench, their words are transposed by a court clerk. Why is this any different? IT ISN’T!!!!

C&P examiners do not have to take your verbal testimony. They are there to do a job. If you get your testimony in writing, they CAN’T IGNORE THE EVIDENCE BY LAW! But…is hearsay evidence? Why put it up to chance?

A VA lay statement for tinnitus tells the VA that you are filing for tinnitus, describes your symptoms, how they affect your daily life, and how you think your military service caused tinnitus. Having a lay statement for tinnitus is important because it can help support your claim for disability benefits.

The VA Form 21-4138 is also called a “lay statement” or “Statement in Support of Claim”. You can use this to provide your story on a VA lay statement for your tinnitus disability claim. This is a form of lay evidence that veterans use to provide information about the veteran’s disability to the Department of Veterans Affairs (VA). It also provides a statement where medical records or service treatment records may be absent for the condition.

Is Tinnitus An Easy Claim To Win?

There is no “easy” VA disability claim; however, Tinnitus comes with some regulations and policies from the VA that may or may not work in your favor.

Tinnitus is the most commonly pursued VA claim. The rating is 10% for tinnitus, but it can sometimes be used to secondarily service connect other conditions, such as headaches, vertigo, and other conditions.

Medical history is typically not necessarily always a consideration with a Tinnitus claim. Many people experience the whooshing sound or ringing in the ears but think it is something external, so it is rarely reported to a medical professional.

Tinnitus is a claim that a VA Lay Statement (21-4138) may be enough evidence to receive service connection for the condition.

When you write a lay statement for tinnitus, it should include:

You should state you are filing for tinnitus.

1. What was your MOS/AFSC?
2. How do you think your military service caused your tinnitus?
3. A description of your tinnitus symptoms
4. How your tinnitus symptoms affect the veteran’s daily life
5. Additional information would be helpful to the VA concerning your tinnitus claim. Such as if you currently wear hearing aids to mask tinnitus sounds (with tinnitus management systems). You may also want to mention if you ever had a head injury. A buddy statement from other service members you served alongside can confirm your event in a written statement.

It’s essential to be as specific as possible when describing your tinnitus symptoms and how they affect your mental health. You may want to include examples of how your symptoms make it difficult for you to do things that you used to be able to do. An example would be hearing in noisy environments is more difficult, or when you wear a hearing aid, it does dampen the tinnitus, but you can’t wear the hearing aid in a noisy environment. It is important to mention if you are seeking any tinnitus retraining therapy or additional medical treatment. You should also include any other information that you think is relevant, such as whether you’ve sought treatment for these symptoms.

How to Write a Powerful Lay Statement For Tinnitus

When writing a lay statement for tinnitus, it is essential to remember that you are telling your story. You should focus on sharing information relevant to your experiences with tinnitus. For example, you will want to include information about your Duty Military Occupational Service (MOS) or specialty code and any events in service that you believe may have contributed to your condition.

Additionally, it is important to note when your tinnitus started (must be in service) and how it has affected your life since then. By sharing this information, you can help to paint a picture of the impact that tinnitus has had on your life and how it has impacted your ability to perform your duties. In doing so, you can write a powerful lay statement that will help to support your claim for benefits.

It is also important to know what can cause tinnitus, as this should be mentioned in your statement or your buddy statements.

Why don’t I need to worry about a diagnosis when filing a tinnitus claim?

During your C&P, you will receive an Acceptable Clinical Evidence (ACE) exam or an onsite examination. In the onsite examination, you may undergo a hearing test. This is typically also to check out your hearing, and not necessarily tinnitus. However, I recommend stating you hear the ringing (if you do hear the ringing) while you have the silencing headphones on.

A doctor will perform the ACE examination or onsite C&P examination. They can diagnose you. The doctor can diagnose you based on your lay statement. Therefore, you will have 2 of the 3 items required in the Caluza Triangle. Therefore, the only step left is to receive a nexus from the C&P examiner. This all comes down to your lay statement. If you are still denied, you should check out this article. In our opinion, receiving a nexus statement for tinnitus is a waste of money. VA policy is quite evident when tinnitus should be service connected, and if you take the appropriate steps and make a good case, your chances of denial are relatively low.

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Did You Know?

The Causes of Tinnitus

• Loud Noises
• NSAID (nonsteroidal anti inflammatory drugs) Use
• An ear injury or problem with the circulatory system (pulsatile tinnitus)
• If you experience pulsatile tinnitus, please immediately seek medical attention, as there could be a severe health problem or other health conditions that must be addressed.

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1) Introduction – Example Lay Statement for Tinnitus

VA lay statement examples are provided in this article for guidance.  Copying or using the examples for lay witness statement is immoral and unethical.  Please use your own story in your statement in support of claim.

In a lay statement for tinnitus, start by establishing what condition are you filing for.

“I am filing for direct service connection for tinnitus.”

It is quick and to the point. If you are going for tinnitus secondary to Traumatic Brain Injury (TBI), this should state:

“I am filing for tinnitus secondary to Traumatic Brain Injury.”

(In this case, TBI would already be service connected.)

Second, you will want to establish what you did in the military. Before you do this, you must know where your MOS/AFSC is on the Duty MOS Noise Exposure Listing.

How Do You Prove Tinnitus Is Service-Connected?

The way you prove tinnitus is service-connected is by understanding how the VA provides an event.  This is done to see if the event in service is established or not.  The Duty MOS Noise Exposure Listing is what establishes if you have an event or not.

Know if the Duty MOS Noise Exposure Listing Lists Your MOS or Specialty Code

If the Duty MOS Noise Exposure Listing does not list your MOS Specialty Code

If the Duty MOS Noise Exposure Listing does not list your Military Occupational Service (MOS) or specialty code, your MOS was most likely retired. Therefore, you must find the closest fit for that position in the current military. Google searching your MOS and the word ‘retired’ will often yield what MOS they are now placed under.

When you find the Duty MOS in the Exposure Listing, you will want to see how high the noise probability is for that position.

If the Duty MOS Noise Exposure Listing does list your MOS or Specialty Code

If your MOS is listed in the Duty MOS Noise Exposure Listing, you will want to see what column is check-marked. This is the probability column. There are 3 levels of probability to develop tinnitus or hearing loss:

1. High Probability
2. Moderate Probability
3. Low Probability

You must understand where your MOS rates on this scale, as it will dictate how the VA looks at your tinnitus disability claim and what you need to prove for the VA to provide service connection for tinnitus and/or hearing loss.

If your MOS is in the ‘low probability’ column for hearing loss and tinnitus

You have a lot of work to do for your tinnitus case. The VA will need an event that occurred in service. This is typical with any VA disability benefits claim; however, your VA lay statement is going to be a massive piece of evidence to prove that you have tinnitus.

You will want to be very specific in how your duties expose you to noise hazards and how tinnitus would have worsened.

The ‘low probability’ MOSs can usually be addressed by submitting lay evidence and buddy letters from a fellow service member attesting to personal knowledge of the veteran’s condition. Additionally, it is always good to add how your ear(s) processes sound and affects your mental health.

For instance, if you were in the Air Force but were in an administrative capacity, there are times when you may have had to qualify with your rifle. It becomes useless if your hearing protection is not adequately inserted during the rifle qualification. The loud noises created by the gun may cause tinnitus. Also, what may worsen tinnitus chances is if your duty station was next to an airfield. Being inside can cause environmental sounds and sound waves that can worsen tinnitus.

If you have fellow service members who can vouch for these stories, requesting they write a buddy statement for you is a good idea. This is done on a separate VA form.

If your MOS or Specialty Code is listed in the “moderate or high probability” column for hearing loss and tinnitus

If you are in the medium or high probability column of the Duty MOS Noise Exposure Listing, the VA will concede to your event by the policy. The VA has stated that your job in the military exposed you to hazardous noises, which translates to the possibility that the veteran will develop tinnitus during regular duties is ‘moderate’ or ‘high.’

You should mention the noise you were subjected to, as the C&P examiner still has to provide a nexus (or tie a current diagnosis to an event in service). The only thing you don’t have to prove is the event.

2a) How Is Tinnitus service connected? (Low Probability Column) Example Lay Statement

To continue the statement, the veteran should address the second piece of the lay statement. Why the veteran thinks tinnitus should be service connected. Assuming I am filing for direct service connection (this is what most people do), and I was in the low probability column, I would want to write something like this:

“I spent 3 years as a 25B (Information Technology Specialist). The ringing in my ears started while I was in basic training. My hearing protection was not correctly fitted during qualification, and I shot 30 5.56 rounds with loose hearing protection. Additionally, I worked in a noisy data center for up to 60 hours a month, installing servers.

Based on research by Sensear, the average noise level around the server areas of a data center can be up to 92 dB(A), and within the server racks, noise levels can reach up to 96 dB(A).

citation: https://www.sensear.com/blog/data-centers-arent-loud-right

According to the CDC, prolonged exposure to 70dB(A) can cause hearing loss.

I was not issued hearing protection while performing my duties as an information technology specialist.

I am still in IT; however, I have worked an office job, and no longer have exposure to these noises. When I go into a data center, I must wear hearing protection due to company policy.

Citation(s):

https://www.sensear.com/blog/data-centers-arent-loud-right

https://www.cdc.gov/nceh/hearing_loss/what_noises_cause_hearing_loss.html”

Straight and to the point. It started by stating what job and when I received the symptoms. Make it as short as possible while still getting the point across. Make sure you cite your sources. This is not an article on citations, so please make sure you research the right way to cite.

Additionally, back it up with evidence! This is important – ESPECIALLY if your MOS is in the low probability column.

The bottom line is that every job in the military comes in contact with noise at some point, but how did you get it, and can you prove it happened in service? The establishment above would be enough to show that even as a low probability MOS, this veteran was exposed to a significant amount of noise…and it is backed up by factual research.

2b) How Is Tinnitus service connected? (Moderate and High Probability Columns) Example Lay Statement

“I served as an 11B (Infantryman) for 3 years.

I was an M-60 gunner for most of the time and was air assault, so I rode on many helicopters. We also trained using C-4 demolition, Bangalore charges, and Claymore mines. These noises were constant in our daily jobs. Even training simulators used M-80s. These explosions caused my ears to ring constantly while I was in service, and they still ring to this day. Often, we could not use hearing protection for fear of fratricide during live-fire maneuvers.

I am currently in a sales job and have no exposure to noise of this level”.

 

Again, straight and to the point. The bottom line is that not all 11Bs are exposed to noise. Sometimes, they may get locked up in an HHC position and never go to the field (rare). However, stating what noise one was exposed to is a good idea.

Additional Examples Of Powerful Lay Statement Events

There are many examples of powerful lay statement events.

• In Vietnam, for example, the helicopters were so loud that they could be heard from miles away. The explosions were so powerful that they could be felt through the ground. The squawk of communications equipment was so loud that it could be heard over rifle fire.
• In Iraq, the multinational forces were so powerful that they could be seen and heard from miles away. The explosions were so powerful that they could be felt through the ground.
• In Afghanistan, the JDAMs were so powerful that they could be seen and heard from miles away. The explosions were so powerful that they could be felt through the ground. These examples show that lay statements can be compelling.

3) Writing your lay statement and including tinnitus symptoms

This is a pretty straight and to-the-point piece, but some explanation is required. The signs will help the doctor diagnose tinnitus.

Low hissing can be caused by ear wax, so if you describe low-pitched hissing, this probably will get you a trip to the audiologist and a big denial.

High pitched tinnitus is the most common, and this is the type of tinnitus that is typically service connected. So, you’ll want to write around these symptoms.

Example Lay Statement Tinnitus – Symptoms

“Ever since service, I have heard a constant ringing in my ears. It is highly noticeable when I am in a quiet environment. When I started getting tinnitus symptoms, I figured it was just the sound of a broken air conditioner. Still, after moving several times, something else was becoming obvious.”

This is a very short and to the point statement that outlines the frequency, severity, and duration. Just to let you know, this paragraph is not getting into how it affects the veteran. That comes next. Be descriptive and try to establish some lay terms that are easy to understand (like the broken air conditioner comment).

4) Writing Your Lay Statement and Establishing It Affects The Veteran’s Life

It is vital to ‘prime’ additional conditions. This section in the lay statement is typically reserved to describe how symptoms affect you to speak to the rating criteria in the Code of Federal Regulations.

However, since Tinnitus only has one rating, we can take this section to add how the condition affects your life and add additional information for a future claim.

“The ringing in my ears drives me crazy. I have issues going out with my family. My family is very social, and I cannot attend many activities due to tinnitus.

My workmates also don’t understand why I don’t function well in conferences or company get-togethers. It affects my job. I currently seek mental health treatment due to the tinnitus.”

Again, straight and to the point. Make sure you state what you need to state, and don’t write a book!

It is also important to address anything that may be a potential denial.

How the VA can Deny Your Tinnitus Claim

The VA can still deny your claim for tinnitus or hearing loss based on:

1. Other Communication Disorders
2. Your civilian job has excessive noise hazards by being around loud machinery or other noise hazards
3. The veterans condition lacks medical evidence
4. The veterans lay statements were not considered credible, or there was not enough lay evidence to outweigh the C&P examiner’s opinion.
5. Age related hearing loss

Ensure that you address each of these if they are a concern.

The Benefits Of Having A Solid Lay Statement To Avoid Denials

Having a solid lay statement can help you qualify for VA benefits. If you have ringing in your ears, hearing aids, or other secondary conditions, a lay statement can help to bolster your claim. In addition, a lay statement can help to establish a clear connection between your symptoms and your in-service event. By providing detailed information about your exposure to loud noises and other hazardous conditions, a lay statement can make it easier for the VA to approve your claim. As a result, it is well worth taking the time to prepare a strong lay statement for the veteran’s claim.

Tips For Making Your Statement Even More Effective

If you are claiming that your tinnitus is service-connected, could you be sure to include the date that it started? The date is essential because, to be service-connected, your tinnitus must have begun during active military service or been caused by an event during service. If you need to know the exact date, could you provide an estimate and explain why you cannot be more specific? For example, you might say that you started noticing the ringing in your ears three to six months after exposure to loud noise during a training exercise.

In addition to the date, it is important to describe any in-service event that may have caused or contributed to your tinnitus. For example, if you were exposed to loud noise during a combat mission or training exercise, could you describe the event in as much detail as possible? Adding this information will help strengthen your claim and increase the chances of getting a favorable decision.

Is It Guaranteed I Receive Service Connection For Tinnitus Due To My Exposure To Hazardous Noises?

Nothing is ever guaranteed with the VA. Even if your MOS is in the Duty MOS Noise Exposure Listing categories of Moderate or High, you must still have a diagnosis and receive a nexus to obtain service connection.

No hearing test can determine if your auditory system experiences symptoms of tinnitus. However, sometimes you may have issues hearing higher frequencies or difficulty hearing in crowded areas.

Should I Mention I Wear Hearing Aids In My Lay Statement?

If you wear hearing aids for tinnitus management or tinnitus retraining therapy…ABSOLUTELY!! you should mention hearing aids. It will corroborate your claim and shows more evidence that you have tinnitus.

Putting The Example Lay Statement Together

Please do not use this letter, as it is illegal and immoral to be fraudulent. This is an example for guidance only.

The full letter:

“I am filing for direct service connection for tinnitus.

I spent 3 years as a 25B (Information Technology Specialist). The ringing in my ears started while I was in basic training. My hearing protection was not correctly fitted during qualification, and I shot 30 5.56 rounds with loose hearing protection. Additionally, I worked in a noisy data center for up to 60 hours a month, installing servers.

Based on research by Sensear, the average noise level around the server areas of a data center can be up to 92 dB(A), and within the server racks, noise levels can reach up to 96 dB(A).

citation: https://www.sensear.com/blog/data-centers-arent-loud-right

According to the CDC, prolonged exposure to 70dB(A) can cause hearing loss.

I was not issued hearing protection while performing my duties as an information technology specialist.

I am still in IT; however, I have worked an office job and no longer have exposure to these noises. When I go into a data center, I must wear hearing protection due to company policy.

Citation(s):

https://www.sensear.com/blog/data-centers-arent-loud-right

https://www.cdc.gov/nceh/hearing_loss/what_noises_cause_hearing_loss.html

Ever since service, I have heard a constant ringing in my ears. It is highly noticeable when I am in a quiet environment. When I started getting tinnitus symptoms, I figured it was just the sound of a broken air conditioner. After moving several times, it became obvious something else was going on.

The ringing in my ears drives me crazy. I have issues going out with my family. My family is very social, and I cannot attend many activities due to tinnitus.

My workmates also don’t understand why I don’t function well in conferences or company get-togethers. It affects my job. I currently seek mental health treatment due to the tinnitus.”

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Key Takeaways

• Know how the VA will view your MOS and its noise hazards. This is key to knowing how you should organize your lay statement.
• You should mention what you do for work now.
• Proactively address any tinnitus denial potentials in your lay statement.
• Be short and to the point! Raters and C&P examiners do not have the time to read your life story.
• Be decisive in your statements. Letters should state when your tinnitus began.

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Conclusion

A lay statement is a powerful piece of writing that can help people understand what tinnitus is and how it affects them. When crafted correctly, a lay statement can provide hope and relief for those living with the condition. If you or someone you know struggles with tinnitus, consider writing a lay statement to help others understand this complex condition.

>>CHECK OUT OUR BLOG ON HOW TO WRITE A SUCCESSFUL LAY STATEMENT ON SLEEP APNEA<<