Defense Base Act Articles
For Civilians Injured Overseas

Defense Base Act Claims for Tinnitus

Tinnitus is documented to be the most claimed disability experienced by military veterans in the VA system. In fact, 2.7 million veterans receive VA disability compensation for tinnitus. This statistic comes from the Veterans Help Group in 2023, who also cite tinnitus it as the single most prevalent disability among people receiving veterans disability benefits.

And since defense contractors often work in the same conditions as military personnel, it is safe to assume that a high percentage of workers covered under the Defense Base Act also experience tinnitus.

In this article the experienced Defense Base Act attorneys at Cantrell Green explain some of the difficulties of collecting DBA benefits for this extremely troubling and common medical condition that arises on military bases around the world.

Who Gets Tinnitus?

Tinnitus typically affects older individuals, with one exception: it commonly affects younger people who are or were in the armed forces. Almost half of the soldiers exposed to blasts in Iraq and Afghanistan – and about 30% of military returning from war zones – suffer from Tinnitus.

Though tinnitus is less highly reported in civilian contractors, many work in proximity to mortar shelling, exploding of IEDs, and/or small arms and artillery fire. So it should be expected that military contractors could have similarly high percentages of tinnitus.

What Is Tinnitus?

Most people believe that tinnitus is just a “ringing in the ears,” but it is more complex and often more severe than this simple description.  Tinnitus is can result in the perception of a wide variety of external noises that are not actually present, including ringing, whistling, hissing, buzzing, swooshing, clicking, or crackling. And in some very rare cases, tinnitus sufferers hear musical sounds.

Tinnitus can be acute (temporary) or chronic (continuous) and can be of varying degrees of loudness. It is thought to be caused by a sensorineural reaction in the brain resulting from some type of damage in the ear or auditory system.

The Toll of Tinnitus

Tinnitus, the perception of sound without an external source, is more than just an annoyance. For millions of people worldwide, it can be a constant, frustrating companion that significantly impacts daily life. Imagine a persistent ringing, buzzing, or whooshing in your ears, day and night. This is the reality for those with tinnitus. The constant presence of this phantom noise can be incredibly distracting.

Concentrating and focusing on work, studying, or even conversations can be a struggle when your own ears are filled with sound. Similarly, the calming silence essential for restful sleep can be shattered by tinnitus, leading to fatigue and irritability. Additionally, tinnitus can make it difficult to unwind and de-stress, further impacting overall well-being.

The emotional toll can be equally significant. Tinnitus can even lead to anxiety and depression: The constant sound and the fear of worsening symptoms can trigger anxiety and contribute to depression. And the inability to control the tinnitus or find relief can lead to feelings of frustration and anger. Withdrawing from social situations due to difficulty hearing or concentrating can also lead to social isolation.

Sadly, recent research adds another layer of concern to the challenges of tinnitus. Studies suggest a potential link between tinnitus and cognitive decline.

Collecting Defense Base Act Benefits for Tinnitus

Many employers, lawyers and even doctors representing injured workers have no idea of how extensive – and disruptive – tinnitus can be. It can interfere with the ability to work, concentrate, perform daily living activities and even sleep.

For this reason DBA claims of tinnitus are often denied by the employer’s insurance company.

And, since the American Medical Association (AMA) Guidelines (Currently in the Sixth Edition) states there is currently no way to scientifically evaluate tinnitus, it can be hard for a contractor with tinnitus to prove the extent and the effect of his or her tinnitus. In fact several AMA resources discuss tinnitus, and unfortunately almost all of them acknowledge the difficulty in evaluating it objectively.

This is why it is so important to discuss a DBA claim for tinnitus with and experienced Defense Base Act attorney, like those at Cantrell Green.

Treatments for Tinnitus

However, a number of treatments for tinnitus are available. So it is very important that the contractor is able to get DBA benefits to reimburse him/her for these potentially helpful treatments.

Tinnitus treatments can include: tinnitus retraining therapy using neural background noise; FDA approved Neuromonics device; sound generators; medications & more.  But it is up to the claimant and his or her attorney and doctors to prove that the treatments are reasonable and necessary in order for them to be covered under the Defense Base Act.

In some cases, hearing aids can help mask tinnitus by amplifying external sounds. Using tinnitus retraining therapy or white noise machines can help habituate the brain to the tinnitus sound. Cognitive-behavioral therapy may also help manage the emotional impact of tinnitus. And, lifestyle changes – managing stress, getting enough sleep, and avoiding triggers like caffeine and alcohol – can improve overall well-being and potentially lessen the impact of tinnitus.

Compensation for Tinnitus Under the Defense Base Act

In most cases tinnitus is primarily confined to the schedule of benefits that allows a maximum of 5% impairment to be awarded, in cases where the tinnitus arises from hearing loss.

However, some other cases have held that an applicant’s tinnitus that occurred independently of hearing loss should still be allowed and rated under the DBA – the same as any other unscheduled injury that creates a wage loss.

2024 NDAA Did Not Include Tinnitus

The National Defense Authorization Act (NDAA) for 2024, signed in December 2023, significantly expands the list of medical conditions “presumed” to be compensable under the DBA. While this new law included mesothelioma and certain types of lung cancer for eligible individuals exposed to asbestos or beryllium on DBA contracts after 1996 – id did not make mention of tinnitus.

However, while tinnitus itself is not included in the NDAA 2024 expansion, our attorneys are hopeful that this expanded DBA coverage might offer a precedent and potential arguments for future cases concerning other conditions, such as tinnitus.

Best Defense Base Act Attorneys

If you are (or were) a Defense Base Act contractor suffering from tinnitus, it is important that you discuss your claim with an experienced DBA attorney who understands the potential severity and the impact of tinnitus. This is the best way to ensure that you are able to prove the extent of your tinnitus, as well as the negative impact it has on your daily life and ability to work.

Our highly specialized Defense Base Act attorneys are committed to ensuring that every injured or disabled civilian employee obtains the benefits he or she has earned. We have successfully filed hundreds of Defense Base Act applications and appeals – obtaining millions of dollars in DBA benefits in over four decades of legal service.

Call today, or fill out the short form on this page to schedule a FREE CONSULTATION with one of our skilled and experienced Defense Base Act Attorneys.

Consultation with a Defense Base Act Attorney: 800-964-8047