hearing loss NOD Question

[Jed58]

Hi, I am new here, so let me know if I do something wrong.  In 2015 I filed Compensation for Bilateral Hearing Loss, Tinnitus, and Depression, and Anxiety secondary to the hearing loss.   They denied the hearing loss due to an "incomplete" or "could not test" C and P hearing exam.   My tinnitus is so bad some days, I can't tell the difference in it or beeps that the audio test gives out.   So they denied the claim.   Now mind you my hearing has been tested in several other venues, SSDI had an ENT and board certified audiologist test and I have severe to profound hearing loss...I was awarded full SSD disability.  I was at an appointment with my VA psychiatrist who basically said, "I can't treat you until we get your hearing addressed"   So she demanded the VA test me and treat my hearing loss, because it was "impacting my quality of life, and mental health"....long story short....VA audiology test concluded severe hearing loss and fitted me with bilateral hearing aids,,,,they do help, but don't solve all my problems.   Fast forward....I filed an NOD contesting hearing loss and mental health issues....My VSO recommended a new hearing exam...so they sent me to a civilian audiologist who specializes in VA comp exams...a PhD in fact......they did the exam and my readings were as follows:

Puretone Threshold Average:    Left Ear :82 db HL    Right Ear: 57 db HL         Word Recognition (Maryland CNC)   Right Ear: 56%     Left Ear:  48%

Negative stengers at 500 and 1000 hz

For you guys who know how to use the chart to figure that out...that comes to 50%

The statement from the audiologist was included saying it is at least as like as not (50% or greater) that veterans hearing loss was caused by his military service........etc etc

Currently, they are threatening to deny the NOD because the new DBQ did not state whether or not they reviewed my STR .   The DRO also said he is requesting an IMO, because of this and that my service records showed hearing loss PRIOR to enlistment.   My early service record states I had a H1 hearing profile, which is normal for VA purposes.   Do DROs normally lie about these things, and by stating this to the potential author of the IMO, isn't that "baiting" the outcome against the veteran (me) ?  

 

[vetquest]

I have seen leading questions when a DRO requested a C&P and while I would not accuse a DRO of lying I believe they may miss important information.  That said your best bet is to post your NOD and any other decisions and let some of the other vets who have been around for a while take a look at it.  With more information they can better assist you.

[vern2]

On 4/21/2017 at 6:00 PM, Jed58 said:

Hi, I am new here, so let me know if I do something wrong.  In 2015 I filed Compensation for Bilateral Hearing Loss, Tinnitus, and Depression, and Anxiety secondary to the hearing loss.   They denied the hearing loss due to an "incomplete" or "could not test" C and P hearing exam.   My tinnitus is so bad some days, I can't tell the difference in it or beeps that the audio test gives out.   So they denied the claim.   Now mind you my hearing has been tested in several other venues, SSDI had an ENT and board certified audiologist test and I have severe to profound hearing loss...I was awarded full SSD disability.  I was at an appointment with my VA psychiatrist who basically said, "I can't treat you until we get your hearing addressed"   So she demanded the VA test me and treat my hearing loss, because it was "impacting my quality of life, and mental health"....long story short....VA audiology test concluded severe hearing loss and fitted me with bilateral hearing aids,,,,they do help, but don't solve all my problems.   Fast forward....I filed an NOD contesting hearing loss and mental health issues....My VSO recommended a new hearing exam...so they sent me to a civilian audiologist who specializes in VA comp exams...a PhD in fact......they did the exam and my readings were as follows:

Puretone Threshold Average:    Left Ear :82 db HL    Right Ear: 57 db HL         Word Recognition (Maryland CNC)   Right Ear: 56%     Left Ear:  48%

Negative stengers at 500 and 1000 hz

For you guys who know how to use the chart to figure that out...that comes to 50%

The statement from the audiologist was included saying it is at least as like as not (50% or greater) that veterans hearing loss was caused by his military service........etc etc

Currently, they are threatening to deny the NOD because the new DBQ did not state whether or not they reviewed my STR .   The DRO also said he is requesting an IMO, because of this and that my service records showed hearing loss PRIOR to enlistment.   My early service record states I had a H1 hearing profile, which is normal for VA purposes.   Do DROs normally lie about these things, and by stating this to the potential author of the IMO, isn't that "baiting" the outcome against the veteran (me) ?  

 

I would suggest go back to the civilian audiologist, who should have known to include a statement that he had reviewed your STR. I was a gunner on a tank and filed a claim for hearing loss (high frequency) and tinnitus in 2007. Denied by VA as they said no proof I had been a gunner as I had alleged. I had myself re-tested by my local military Audiologist, who found significant hearing loss and tinnitus. As a retire, she could not give me hearing aids, so went to VA with request for hearing aids and got them. Them I re-filed my claim and was finally rated at 0%, which I am happy with as this gives me free hearing aids I also submitted pictures of me on the tank on firing line with no hearing protection, in fact none of the people in picture wore hearing protection. I did not pursue the issue since I am 100% for heart and other issues.

[R3dneck]

Jed58 your at a point you need to look into getting a VSO to look at this and help you. I don't think an attorney will be beneficial yet or even if one will take you on yet with little/no backpay.

With this being said whatever you do Don't accuse VRO's of anything ever. Beat them at their lack of experience (we can safely call it that) with evidence from your records. 

Start with the VSO is my advice bud then he/she can get you going in the right direction.

[Berta]

You stated:

"was awarded full SSD disability."

Was that award solely for the hearing loss? 

"was awarded full SSD disability."

My neighbor got SSDI solely  for her hearing loss and because  it also affected her speech.

Did the VA apply this Training letter to your claim?

The MOS list is in the pfd.

http://3e3wit1jv3691nltvx1r85n3.wpengine.netdna-cdn.com/wp-content/uploads/2015/02/Duty-MOS-Hearing-Loss-Probability-Chart-VA-Fast-Letter-10-35.pdf