You are seeking Extraschedular Consideration. Extraschedular Considerations “In exceptional cases an extraschedular rating may be provided. 38 C.F.R. § 3.321 (2015). The threshold factor for extraschedular consideration is a finding that the evidence before VA presents such an exceptional disability picture that the available schedular evaluations for that service-connected disability are inadequate. Therefore, initially, there must be a comparison between the level of severity and symptomatology of the claimant's service-connected disability with the established criteria found in the rating schedule for that disability. “ Thun v. Peake, 22 Vet. App. 111 (2008). But the VA will not act on any TDIU application from a veteran who is still employed. I know two local people who have severe hearing loss yet also have severe communication problems because of the HL. They both get SSDI on that basis. They both wear hearing aids but it is very difficult to understand what they say sometimes, and one almost got hit by a pallet truck on her last job, because she could not hear it coming towards her. She was laid off and applied and received SSDI. I suggest, when you do become unemployed, to apply for SSDI right away because, if the SSA awards solely for your SC conditions, then the VA would have evidence that would establish TDIU. The SSA has a SSDI web site that might have the criteria for Hearing loss claims and how they determine speech factors due to HL.
A few months ago my service connected hearing loss was increased from; 10% tinnitus
20% Bi-Lat hearing loss
30% total to 10% tinnitus
50% Bi-Lat hearing loss
60% total While I do not meet the single disability percent to apply normally needed to apply for IU, I do see a "Special Consideration" which I believe applies in my case" http://benefits.va.gov/benefits/factsheets/serviceconnected/iu.pdf Below is my letter asking for my increase. I was wondering if anyone could give me some feedback on the content in order to determine of I should even bother to apply for UI ? BTW, I will be 57 years old on December 1st, of that matters? Thanks in advance, Mark *********** 3/17/2016 Department of Veterans Affairs
I am respectfully requesting consideration for an increase in my current Service Connected Bilateral Hearing Loss rating based on VA Autonomic re-evaluation dated 2/16/16, performed by XXX Snyder, MS, Audiology which included Maryland CNC word recognition testing, conducted at the VA Audiology Clinic, 760 XXXX Avenue, XXX Ca. 96001 (530) XXX-8830. History: I am currently rated at 20% Service Connected Bilateral Hearing Loss and 10% Service Connected Bilateral Tinnitus, dated 3/8/2011. The details and evaluation of that service connection are documented in my VA file number XXX XX XXXX. Continued and ongoing issues: Based on my ongoing occupational, Retail Store Manager and non-occupational hearing problems, which include but not limited to; Understanding and or comprehending spoken words
Understanding and or comprehending telephone, conference call conversation and intercom announcements
Understanding and or comprehending MIS helpdesk, police and other government or municipal telephone conversations.
Understanding and or comprehending streaming television, computer, radio or other electronically produced broadcasts.
Communicating in moderate to noisy environments, including retail store operations.
Communicating with a group of individuals, including retail store operations, staff meetings and training.
Communicating using retail store, company provided two way radio handsets.
My service connected hearing problems, severely limits my ability to applicably react to audible occupational signals from: Building alarm, emergency warning and other electronic security systems
Fire and Loss prevention alarm / notification systems
Point of Sale alarm / notifications and alert systems
Point of Sale scanners; Symbol DS9808, Motorola LS2208,
Inventory management scanner; Symbol MC3100
EAS Loss prevention entry/exit scanners
Refrigeration / Freezer malfunction notification systems
Environmental systems (heating/cooling) notification systems
Energy management systems NOVAR notification systems
Freight delivery truck, backup warning notification systems
My service connected hearing problems have resulted in: My inability to efficiently communicate with friends, acquaintances, family, customers, vendors, subordinate employees, peers and supervisors.
Frequent outsourcing or shifting of my normal and personally assigned managerial functions that require high amounts of communication, to my subordinate managers.
Personal, occupational and social withdrawal due to reduced access to services and difficulties communicating with others.
Experiencing significant emotional problems caused by a drop in my self-esteem and professional confidence.
Exacerbation of my VA diagnosed PTSD, that I am currently being treated for at the VA XXX VA Behavioral Health Department. Recent VA recommendations and action by XXX Snyder, MS, Audiology: Since my recent VA Autonomic re-evaluation which included Maryland CNC word recognition testing, dated 2/16/16, I have been issued and subsequently fitted with updated VA issued hearing instruments: PHONAK AUDEO V90-13 RIC to replace my previous hearing instruments: AUDEO SPICE SMART IX UZ RIC. I have also been issued and fitted with a Remote Control, ComPilot II and Remote Microphone in order to specifically assist with my occupational communication problems. Mr. XXX Snyder explained to me that the new hearing instruments will provide a longer usable service life for my substantial and difficult to manage hearing loss. ***************** Below is the actual examine results: 1. Objective Findings --------------------- a. Puretone thresholds in decibels (air conduction): RIGHT EAR +==============================================================+ | A | B | C | D | E | F | G | |========+========+========+========+========+========+========+========+ | 500 | 1000 | 2000 | 3000 | 4000 | 6000 | 8000 | Avg Hz | | Hz* | Hz | Hz | Hz | Hz | Hz | Hz | (B-E)**| |========+========+========+========+========+========+========+========| | 30 | 50 | 75 | 85 | 95 | 105+ | 100+ | 76 | +=======================================================================+ LEFT EAR +==============================================================+ | A | B | C | D | E | F | G | |========+========+========+========+========+========+========+========+ | 500 | 1000 | 2000 | 3000 | 4000 | 6000 | 8000 | Avg Hz | | Hz* | Hz | Hz | Hz | Hz | Hz | Hz | (B-E)**| |========+========+========+========+========+========+========+========| | 35 | 50 | 70 | 80 | 85 | 105+ | 100+ | 71 | +=======================================================================+ * The puretone threshold at 500 Hz is not used in determining the evaluation but is used in determining whether or not a ratable hearing loss exists. ** The average of B, C, D, and E. *** CNT - Could Not Test b. Were there one or more frequency(ies) that could not be tested: No c. Validity of puretone test results: Test results are valid for rating purposes. d. Speech Discrimination Score (Maryland CNC word list): +=======================+ | RIGHT EAR | 56% | Thank you, Mark Nicholson
There's no known medical reason for tinnitus but usually hearing loss and tinnitus goes hand in hand there are two types of tinnitus &. A medical Dr in this field of expertise will need to make that opinion & as for as a secondary to cause or aggravate tinnitus. I would recommend you request a Hearing test from the VA and you need to let them know about the ringing in your head not your ears this is the only way a Dr can know you may have tinnitus....the tinnitus is an unknow sounds that come from the middle of the head...and it bout drive a person batty, also if your wanting to get this S.C. AND Possibly rated you need to remember if you were around any loud noise while in the military your mos AND what you did in the military,,,,you don't need combat to qualify for S.C. Disability as long as any event that caused your condition/disability while in the military if you can prove it then you can get compensation for it. but its on the veteran to prove that...you do this with medical reports hearing test and your lay statement in detail as to how the even happen. this is called bilateral noise induced hearing loss and it gets worse over the years. with the exception of natural age progression. jmo ..................Buck
Is that your reply to my question here: "Is your inservice nexus to the anxiety/depression in your SMRs and/or established in any other way?" I guess I mean- is that surgical error the cause for the anxiety and depression? I found your past posts and this happened in a Military Hospital. That means it happened in service. I assume you have some Psyche treatment records in your SMRs? Did the SMRs reveal anything that confirms what actually happened ? There are still movements to get the Feres Doctrine abolished. The Feres Doctrine means a service person injured medically (or even killed) by Military malpractice has no way to really sue the Mil or get restitution. Except the way you might get it...via the claims process. I think the Military is better than the VA at covering up this stuff. Then again VA killed my husband and did a very good job of trying to cover it up. They failed however. You have anxiety and depression from a very traumatic inservice event. I just hope the VA sees it that way too,since they deferred that claim. Otherwise you might need an IMO/IME.
Rating Coexisting Respiratory Conditions Any Ideas?