Bva/perforated Eardrums

[steaksplace]

I'm a new guy and this is my first posting. I developed perforated eardrums while a BT in the navy, and as a result I was discharged as medically unfit for service. I have filed a claim with the VA for this and for hearing loss and tinnitus. I was awarded 10% for hearing loss and 10% for tinnitus. The C&P exam found my eardrums were perforated 50% or more, but because there is no rating table for this injury, they awarded service connected at 0%. I filed an NOD and also was turned down on appeal and DRO review. I have appealed to the BVA and I am waiting for a notice of video hearing. I was using our county rep, but due to retirements and staff changes in that office, my file is with a new guy. I'm wondering if I should be contacting an attorney. I'm also wondering how I go about seeing if the BVA has any history of appeals cases similar to this. Any help is much appreciated.

[USMC5811]

the below link is for the United States Court of Appeal for Veterans Claims

http://www.uscourts.cavc.gov/

Scroll down to Case Information on the Menu Bar once on their site

Then click on Decisions and Opinions.....another page will come up that will read "search the ISYS system for decisions and opinions....click on that.

this will allow you to search by typing in "perforated eardrums" or "perforated tympanic membrane" and cases related to this will come up.

Example: http://www.va.gov/vetapp03/Files/0327593.txt

Welcome to hadit.com steaksplace! Thanks for your service to our country!

Edited August 23, 2012 by USMC5811

[Chuck75]

"Medically Unfit for Service" Although the VA Schedules don't work this way, in principal, that should result (if other details allow)

in something other than 0%. Basically, the Navy says that you are 100% disabled for their purposes. The VA's compensation system is based upon a dual standard. First the impact of the condition on your ability to do your military tasks and meet the military's requirements. Next, the VA schedule of conditions and percentages. When something like this occurs, supposedly, the VA "should" treat it as an "extra Schedular" problem. They did, in part, sort of do this, by rating secondary or related conditions. However, they did not properly deal with the SC condition that resulted in the medical discharge. To my way of thinking the Navy also dropped the ball. In this sort of case, you may have two seperate processes to deal with - - the VA, and the Navy.

If you are medically unfit as a result of a service connected condition or disability, supposedly the military should be paying some sort of pension.

All to often, the military avoids doing this any way possible, and dumps the discharged service member on the VA.

Interestingly enough, I ended up with a perforated eardrum as a result of poor environmental conditions (cold, damp, no heat, etc.) during a great lakes training cruise on the USS Portage, PCE 904 in the 1960's. The eardrum healed, with a small scar. None of my military medical records from that time frame even show that it existed, and only show treatment with antibiotics for an "infection". I later served in Vietnam, and for decades after, was able to pass the same FAA flight medical exams as an airline pilot must take.

One trainee in the group had both eardrums perforated, with puss dripping from both ears at morning quarters just before the end of the training. He was medically discharged the same day.

Edited August 23, 2012 by Chuck75