Tinnitus

[usmc0331]

I had a Tinnitus C & P Exam. I was a 0331 USMC machinegunner. I recieved the CAR, PUC, and NAM for service in Iraq. The letter sent to the VA Audiologist stated that excessive noise exposure was conceded due to military occupational specialty. I also had my private audiologist letter that stated "My impression is mild slightly asymmetric sensorineural hearing loss bilaterally with bilateral tinnitus. It is my opinion that his condition is at least as likely as not a result of noise exposure while in the military."

The VA audiologist stated that "It is in my opinion that the veterans tinnitus is less likely as not caused by military noise exposure.

Rationale: Hearing is withing normal limits for both ears. An unknown dated Post-Deployment Health Assessment indicated the veteran answered "yes during" to ringing in the ears while in Iraq.

Is this a joke? What should me next step be?

[Pete53]

Don't give up. Your service and where and your Docs report should be enough. Its only 10% and the damage can take years before it shows up.

[carlie]

usmc,

Did either the private or VA Audiologist state they had reviewed you SMR/STR's ?

An equal balance both for and against SC would be enough to trigger

reasonable doubt, in your favor

especially if neither reviewed active duty records.

It does look like the VA Audiologist had some a Post Deployment Report they referred to, which to me whould be in your favor.

It is also very important that Tinnitus be documented as recurrent.

There is no test to either prove or disprove Tinnitus.

Hope this helps a vet.

carlie

[usmc0331]

No my private audiologist did not list he looked at my SMR's. He just listed that I was exposed to explosions, gunfire, helicopters, and loud equipment. The VA conceded exposure to loud noise. I was simply confused as to how the VA audiologist denied tinnitus and the reason she gave for denying was my hearing was within VA limits and I answered yes that I had ringing in my ears in my Iraq post deployment. How can you she honestly use "veteran stated he had ringing in ears" to justify her opinion I don't have tinnitus?

How important are the nexus letters from private doctors?

[carlie]

How important are the nexus letters from private doctors?

usmc,

Have you actually received a Rating Decision yet that denied Tinnitus?

If yes, please post the Reasons and Bases Section with your Name & SSA

or claim number edited out of it.

If you can get a nexus letter from your private Audiologist -

get it - take some AD records to be reviewed

like you MOS info and your C&P findings so the private doc can counter it.

You can use the Hadit search for IMO info.

carlie

[usmc0331]

_{My file is in limbo right now so they can't tell me anything. They accidentally mailed all on my information (DOB, SSN, Address, Medical Exams, Phone Numbers, etc.) to another veteran. he called me Christmas Eve to let}

_{me know he had them. I let they VA know and now they said everything is being audited and were unsure where at they were in the process. I was asking about nexus letters because I just submitted the following for fibro,}

_{IBS, and Migraines.}

_{To Whom It May Concern:}

_{Veteran has been a patient of mine for several years. I have also reviewed his Military Service Medical Records. While in Iraq he was constantly exposed to Industrial Pollution, Raw Sewage, Smoke from Burning Trash and Feces, Solvents, Pesticide-Treated Uniforms, DEET, Vehicle and JP8 Exhaust Fumes, and}

_{Environmental Pesticides. He was also given numerous vaccinations to include Anthrax vaccinations.}

_{In 2003 upon returning from Iraq, as evident in his Military File, he complained of Diarrhea, Chronic Fatigue,}

_{Difficulty Remembering, Muscle Aches, Headaches, Swollen Stiff and Painful Joints, Weakness, Dizziness, and Light Headedness. He also listed he had health concerns about the exposures and events during his deployment. He specifically listed his concern over exposure to raw sewage, pesticides, and exhaust fumes.}

_{In regards to his Fibromyalgia:}

_{His Fibromyalgia is characterized as widespread musculoskeletal pain and tender points, with associated fatigue,}

_{sleep disturbance, stiffness, headaches, depression, and anxiety. These symptoms are constant and}

_{refractory to therapy.}

_{In regards to his Irritable Bowel Syndrome:}

_{His Irritable Bowel Syndrome is characterized by constant daily abdominal distress. The symptoms consist of constant alternating episodes of severe diarrhea and constipation with mucous in the stool.}

_{In regards to his Chronic Migraine Headaches:}

_{His Migraine headaches are characteristic of prostrating attacks occurring on average of two to three}

_{severe attacks per month.}

_{It is my medical opinion that these medically unexplained illnesses (Fibromyalgia, Irritable Bowel Syndrome, and Migraines) are more likely than not a direct result of his numerous exposures listed above and vaccinations he received while performing his military service in Iraq. Veteran has no other known risk factors that may have precipitated his current conditions.}

I got the C & P exam from the VA doctor back and he stated

Diagnostic Impression

1. Fibromyalgia

2. Irritable Bowel Syndrome

Discussion: Based upon the classic history for both IBS and fibromyalgia, I do think the veteran suffers from both of theses disorders primarily, but it would be speculation on my judgement to say that it is truly Gulf War Syndrome when he is so classic for each in and of themselves.

[Doc John]

Hey 0331. I got the same response last week. VA concedes hearing damage due to being a FMF corpsman, but denies tinnitus. I had a VA hospital audiologist's report and a private M.D.'s report stating "more likely than not" caused by exposure to noise in service. Then a C&P exam by a VA contract physician, stated "less than likely not" caused by in-service exposure.

I went to my American Legion rep and we requested a 'de novo' review of my claim immediately, based on two-to-one doctors in my favor. Other folks here at hadit can give you more info about de novo reviews and appeals. All I know is that this has been done to me on all my claims in the past. Deny, appeal.

Semper Fi Guns,

Doc