This could allow the veteran to be eligible for VA hearing loss disability. Service members must have a current diagnosis of the hearing loss or tinnitus and must be able to point to a specific event(s) during their military service which caused or contributed to the hearing loss. Veterans who have been diagnosed with hearing loss or tinnitus could be eligible for service-connected disability compensation and may be eligible to file a Combat Arms™ earplugs lawsuit. In turn, these communication problems can lead to problems in relationships, social isolation, depression and even cognitive decline. Partial hearing loss, total hearing loss and tinnitus are serious medical issues which can lead to communication problems. VA Disability Benefits for Hearing Loss and Tinnitus According to AARP, the top service-related medical issue for military veterans is hearing injury, rather than missing limbs, traumatic brain injury, or even PTSD. Military personnel is constantly exposed to extremely high levels of noise, therefore, it should come as no surprise that noise-induced hearing loss and tinnitus are common among veterans. The partial or total hearing loss experienced by soldiers can be the result of a single exposure to an intense sound (such as an explosion) or can be caused by continuous, long-term exposure (repeated gunfire, or the sounds in engine rooms or on aircraft carrier decks). Hearing Loss One of the Most Common Afflictions Suffered by Active and Former Service Membersīy some estimates, as many as 52 percent of all military personnel have from moderately severe to severe levels of hearing loss-as of 2014, nearly one million veterans were receiving disability compensation for hearing loss, while as many as 1.3 million were receiving compensation for buzzing in the ears or ringing in the ears-symptoms of tinnitus. Army Criminal Investigation Command’s major procurement fraud unit, properly made safety equipment is “ vital to our military’s readiness.” Robey also stated his agents would continue to respond “ robustly” to protect the safety of the military. According to Frank Robey, the director of the U.S. Moldex, as the whistleblower, was awarded $1.911 million for their whistleblower actions.
Moldex prevailed in the 2012 lawsuit, and the Moldex BattlePlugs earplugs are currently being purchased by the military. Moldex immediately countersued, charging 3M with making false allegations regarding their earplugs, which they claim pre-dated the 3M Combat Arms™ earplugs. In 2012, 3M alleged that the Moldex BattlePlugs earplugs infringed on 3M’s earplug patent. In fact, 3M and Moldex have sued one another on more than one occasion in the past. The whistleblower in this particular case was Moldex-Metric, Inc., a competitor of 3M. The False Claims Act allows private parties to sue on behalf of the federal government when fraud is alleged.
The charges which resulted in the $9.1 million 3M settlement were brought by a whistleblower on behalf of the federal government. Unfortunately, as the Combat Arms™ earplugs loosened in the wearers’ ears, loud noises such as explosions and weapon fire were no longer being blocked out, resulting in hearing damage and tinnitus for many.Ĭharges Made Under Whistleblower ( qui tam) Provisions of the False Claims Act The defective earplugs are dual-ended, which, in theory, means the earplugs can be used on one end as traditional earplugs, or flipped to the “open” positions, allowing explosion sounds to be attenuated, while still allowing quieter sounds to be heard. The 3M Combat Arms™ earplugs lawsuit was filed in a South Carolina federal court. 3M and Aearo are also charged with manipulating test results to ensure their earplugs would meet government standards and they would be awarded the lucrative government earplug contract. Because of this defect, the earplugs could loosen in the users’ ears, potentially resulting in serious, even permanent hearing loss or tinnitus.
Soldiers who were deployed between 20 were issued the 3M Combat Arms™ earplugs despite the fact that the dual-ended earplugs were too short for proper insertion.