Can I Claim for Hearing Loss Due to Military Service (UK)?

If you've served in the armed forces and are experiencing hearing difficulties, you may be wondering what your options are. If you are yet to seek medical support, that should be your first priority - doing so will not only help you to get the support and answers you need, but can serve as vital evidence should you decide to pursue a legal compensation claim.

In the following guide, we explain how you may be able to make a military hearing loss claim and why it's important to do so.

The Prevalence of Hearing Loss in the Military

Hearing loss isn't uncommon among those who've served in the military. Exposure to loud noises from weapons, explosions and heavy machinery are part and parcel of military life.

Various studies have shown that military personnel are at a higher risk of suffering from hearing loss compared to the general population, This makes it crucial for those affected to understand their rights and the compensation schemes available to them.

The Legal Framework

A professional solicitor - such as those at JMW - will be able to guide you through the entire process of making a military hearing loss claim.

Types of Hearing Loss Claims

Understanding the type of hearing loss you're experiencing is crucial for making a successful claim. Different types of hearing loss may require different forms of evidence and medical documentation. Here's a more detailed look at the types of hearing loss that can result from military service, and that you may be able to make a claim for:

Sensorineural Hearing Loss

This type of hearing loss is caused by damage to the inner ear or the auditory nerve. It's often permanent and can affect both the ability to hear and the clarity of sounds. Exposure to loud noises such as explosions, gunfire or heavy machinery can lead to sensorineural hearing loss.

Medical evidence is crucial for this type of claim. Audiograms and consultations with an audiologist can help establish the extent of hearing loss and its likely cause.

Tinnitus

Tinnitus is a constant ringing, buzzing or humming noise in the ears. While not a type of hearing loss itself, it often accompanies noise-induced hearing loss; exposure to loud noises is the most common cause of tinnitus among military personnel.

Tinnitus can be more challenging to provide evidence for because it's a subjective experience. Medical evaluations and a detailed history linking the condition to your military service can strengthen your claim.

Are You Eligible to Make a Claim?

You can't necessarily make a claim if you have suffered hearing loss. To do so, you must be able to prove a number of factors.

To make a successful claim, you'll need to meet specific legal criteria. This usually involves proving that your hearing loss is directly related to your military service, and that the Ministry of Defence failed in its duty of care towards you. Meeting the legal criteria is what will ultimately determine whether your claim is successful and the level of compensation you may receive.

You will then need to evidence this; your service record is a crucial piece of evidence. It should detail the roles you've held, the operations you've been involved in, and any incidents that could have led to hearing loss. A comprehensive service record can help establish the link between your military service and your hearing loss, making it a vital component of your claim.

Medical evidence, usually in the form of an audiogram or other tests conducted by an audiologist or ENT specialist, is essential for proving your hearing loss. Without medical evidence, your claim is unlikely to succeed. This evidence serves as the foundation of your case.

How to Make a Claim

Making a claim for military hearing loss can be complex, but a specialist solicitor can help you to gather evidence, facilitate medical examinations and navigate the legal system. Here's a step-by-step guide to help you understand the process:

Step 1: Medical Diagnosis

The first step in making a claim is to get a medical diagnosis confirming your hearing loss. This usually involves tests conducted by an audiologist or an ear, nose and throat (ENT) specialist.

A medical diagnosis not only confirms your condition but also provides essential evidence for your claim. It can also help determine the type of hearing loss you have, which is vital for the claims process.

Step 2: Legal Representation

Given the complexities involved in making a claim, you should consult a solicitor experienced in armed forces claims. Our team can guide you through the entire process and represent you in any court proceedings or negotiations.

A solicitor can provide expert advice and representation, increasing the likelihood of a successful claim. They can also help you understand your rights and what you're entitled to, ensuring you get the compensation you deserve.

Step 3: Gathering Evidence

Once you have a diagnosis, your solicitor will help you to gather all relevant evidence. This can include witness statements, medical records, service records and any other documentation that can help establish a link between your hearing loss and your military service. The more evidence you can provide, the stronger your claim will be. This is particularly important if you're facing challenges like time limitations or lack of direct evidence linking your condition to your service.