hearing loss IU Special Consideration

[MKAH]

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
 

 

 

 

 

 

 

Edited July 29, 2016 by MKAH
content missing

[Berta]

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.

 

 

[broncovet]

You are (apparently) missing the one thing you need.  You need a doctor to say you are unable to maintain substantial gainful employment due to Service connected conditions.  Im not sure if you have that or not, but, this is what you need for IU.  

A lot of times it helps also, if you are enrolled in a Voc Rehab program, where the Voc rehab counselor states, "this veteran is unemployable due to (hearing loss) and or other SC conditions.  

Difficulty in communication is often a barrier to employment.  

[MKAH]

OK, thanks Broncovet, that it helpfull. 

[MKAH]

On 7/29/2016 at 10:37 AM, Berta said:

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.

 

 

 

 

I have not worked since 1/4/2016 Berta.  But it has been due to PTSD which I am not rated as SC for....

[Buck52]

I think VA is cracking down hard on the IU...A VETERAN needs all the things broncovet mention  and now he also needs a Dr to state he can't do any type of work because of his S.C Disability.

Did the VA MH dx you with PTSD?  IF So why are you not S.C.?

FILE FOR SSDI  it take 6 months to get it  if you just stopped working or from the date you file for it, unless a SSDI Dr say you can start getting it asap  because of your disability being mental.

 

Apply for Voc-Rehab  and also Try to get in the IIP &

yes request the extra schedular CFR 38 3.321 (b) That's why they have that Regulation  for vets that don't meet the high criteria of the VA Guidelines if there disability keeps them from working.  I personally think that 50% hearing loss is enough to meet those guidelines  because that is a substantial amount of hearing loss.

They  probably set you up a C&P and have another hearing test  it depends on the severity and if your hearing has worsen from 50%   they will probably boost you up to 90% and infer the IU

Edited August 2, 2016 by Buck52

[MKAH]

Buck52,

Yes, the VA has DX'ed me with severe PTSD, however they have not been able to connect my MST claim to my PTSD as it was 30 years ago.  I provided the VA with all the evidence that I had, which was strangely not even mentioned in the decision letter.  So now I will be going thru the lengthy appeals process with an attorney.   I have spent seven weeks in a VA PTSD facility already and am getting ready to head to Virginia for an six week MST specific treatment program next month.

I did apply for SSDI for both PTSD (DXed) and Profound Hearing Loss (DXed).  Currently I am not allowed to drive due to SI, and I am taking a fair amount of psychiatric medication. 
eg: Mirtazapine, Tizanidine, Gabapentine, and Quetiapine.

SS are estimating a decision date of around December 2016 since I did not apply until July 8th.  I really did not think I would be off work this long, it has just been tougher to get over the MST issues than I thought.  In fact, I don't think I have made any headway in that department.

Anyway, I have certainly considered and am interested in VOC rehab, and will be doing some research this week.  My biggest concern is that I may not qualify since I can not drive yet?

What is the abbreviation you mentioned " IIP"?

I

Thank you so much!