Reglan Tardive Dyskinesia lawsuit settlement criteria

For those of us who served in 1st Battalion, 3rd Marines, the sound of incoming fire, the roar of an engine, and the crack of a high-explosive round are not just memories—they are the soundtrack of our service. But for many of us, that soundtrack never really stops. It just changes pitch, turning into a constant ringing, a muffled world, or the frustrating inability to hear a whisper in a quiet room. As of 2026, the Department of Veterans Affairs (VA) has updated its rating criteria, but the core fight for fair compensation for tinnitus and hearing loss remains a deeply personal battle for every infantry Marine. We’ve been through the jungle, the desert, and the urban combat zones. Now, we’re navigating the bureaucracy of the VA claims process.

Our experience at 1/3 taught us that noise exposure isn't a hazard—it's a given. From M16A4 service rifles to M249 SAWs, from 81mm mortars to the deafening blast of a shoulder-launched SMAW, our ears took a beating. The VA recognizes this, but proving the connection between that service and your current disability requires more than just a story. It requires a clear nexus, a current diagnosis, and a thorough understanding of how the VA rates these conditions. In 2026, the process has become more digitized, but the fundamental principles of evidence and documentation remain the same.

“The single most important piece of evidence for a tinnitus claim is a current diagnosis from an audiologist, coupled with a lay statement from the veteran describing the onset and constant nature of the sound. For hearing loss, the audiometric testing must show a specific pattern of loss consistent with noise trauma.” — VA Compensation Service Training Letter 20-02 (Updated 2025). For the most current regulations, consult the VA’s official disability page or review historical claim data at the 1/3 Archives.

How the VA Rates Tinnitus and Hearing Loss: The 2026 Framework for 1/3 Marines

The VA rates tinnitus and hearing loss under two separate diagnostic codes (DC 6260 for tinnitus, and DC 6100 for hearing loss). Tinnitus is rated at a static 10% disability rating if it is service-connected. There is no higher rating for tinnitus—it’s either granted or denied. Hearing loss, however, is rated on a sliding scale from 0% to 100% based on the results of a Maryland CNC speech discrimination test and pure tone audiometry. The key for us is that hearing loss must be severe enough to meet the VA’s threshold. Many of us have a mild loss that doesn’t qualify, but the tinnitus claim almost always does if you can prove the in-service noise exposure. Below is a breakdown of how the current rating schedule applies to the typical infantryman’s profile.

Building Your Claim: The 1/3 Marine’s Evidence Checklist for 2026

We learned in the battalion that preparation prevents poor performance. The same applies to your VA claim. You cannot rely on the VA to find your records. You must build a fortress of evidence. Here is the essential checklist we recommend for every Marine who served in a combat arms role, especially those of us who spent time at Camp Pendleton, Okinawa, or in the Helmand Province.

• Service Treatment Records (STRs): Request your complete military medical file. Look for any mention of ear infections, hearing complaints, or audiograms taken during your service. Even a single mention of “ringing” or “trouble hearing” is gold.
• DD Form 214: Your discharge document must show your MOS (e.g., 0311, 0331) and any combat deployments. This establishes the noise exposure environment.
• Buddy Statements: Get two or three fellow Marines from your squad or platoon to write statements confirming the constant noise exposure. They can describe the weapons, the vehicles, and the conditions you all shared.
• Private Audiological Exam: Do not rely solely on the VA’s C&P exam. Pay for a private audiologist who specializes in occupational hearing loss. They can provide a detailed report and a nexus opinion linking your hearing loss to your service.
• Lay Statement (VA Form 21-4138): This is your personal narrative. Describe the exact moment you first noticed the ringing (e.g., after a firefight in Fallujah, after a mortar attack at FOB Delhi). Describe how it affects your sleep, your work, and your relationships.

The 2026 Shift: How Digital Records and Telehealth Are Changing the Game for Veterans

In 2026, the VA has fully embraced telehealth for Compensation & Pension (C&P) exams. This is a double-edged sword for infantry Marines. On one hand, it means you can do your hearing exam from home, saving a trip to a regional office. On the other hand, the audiometric testing must be done with calibrated equipment, and the VA now requires a “noise-free” environment for the pure tone testing. We’ve seen claims denied because a veteran’s home had a loud air conditioner or a barking dog during the test. Our advice: if you do a telehealth hearing exam, go to a local VA clinic or a private audiologist’s office where the environment is controlled. The VA also now uses a centralized digital repository (VBMS) that allows them to cross-reference your service records with DoD’s hearing conservation database. If you have a documented hearing loss on your exit physical, the system will flag it for automatic review. This is a huge improvement from the paper-based system we fought against in the 2010s, but it also means that any gaps in your records will be glaringly obvious.

We understand the frustration. We’ve lived it. The ringing in our ears is a constant reminder of the price we paid for our service. But we also know that the system can work if you approach it with the same discipline you brought to the battlefield. Gather your evidence, get your buddies to write statements, and don’t stop until you get the rating you earned. You are not alone. We are still here, still fighting, and still making sure every Marine from 1/3 gets what they deserve.