Jump to content
  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
TiredCoastie

Need Help - Which Doctor Takes Precedence?

Question

Hello everyone and Merry Christmas!

I'm in the final stages of putting together a NOD - and thanks to all those who helped me thus far. I'm taking AskNOD's advice and putting appropriate CFRs in my rationale for why the RO wrongly denied service connection. However, I can't find an obvious CFR cite that covers which doctor they should listen to. In my situation, my ENT filled out a DBQ that said that my hearing loss was related to military service. The RO, relying on audiologists, is using the argument that I had hearing loss upon entering the service and that the level of increased loss was not due to military service - which for me included loud engine noise, pistol, rife, auxilitary or main battery fire, helicopter operations, etc. If my ENT said that it was, in his opinion, related to military service shouldn't the RO take that opinion over VA or QTC audiologists?

Of course, as AskNOD has so aptly put it, the DBQ form is somewhat short of a nexus letter. I can go back to my ENT and ask him for a full nexus letter to include with form 9.

But first of all, is there a CFR cite that discusses which doctor to choose? I sure can't find one...

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

After reading your post, you have an issue you need to deal with first before you spend the money on an audiologist or medical opinion.

If they are denying your claim on the grounds that your hearing loss pre-existed service, then you need to clear that up.

The VA frequently denies claims on these grounds - and they FREQUENTLY screw up the presumption of soundness. Unless your MEPS doctors conducted a hearing exam that showed a LOSS prior to service, then you are entitled to the Presumption of Soundness, and the VA can only rebut that by showing:

1) That your hearing loss was NOTED on a MEPS physical exam, and

2) That your military service did NOT aggravate the hearing loss.

Hope that helps a bit....from what you are saying, you have to kick out that "pre-existing condition" argument before any expert opinion really matters.

Chris

Thanks, Chris. I've been going after this exact problem since I was initially denied on my first claim. My MEPS exam did include a hearing test which showed mid-range hearing loss. I've contended that this initial exam was inaccurate. My hope was that my ENT would look at the results, see that my hearing improved after I entered the service, giving me the argument that the test was clearly faulty. My ENT with his audiologist walked me through the hearing test results. They showed me that, for whatever reason, by the time I had my next audiology exam after MEPS, my hearing pretty much matched my intake exam.

This may seem strange to have this memory reaching back almost 30 years to that MEPS exam, but I remember being frustrated because the booth was noisy.

This particular disability was a matter of making something right rather than a distinct "gotta have it" service connection decision. I still believe that my time in the service damaged my hearing. But, by God's grace, I'm receiving the care I need to be able to hear better without my hearing loss being service connected. And I've got bigger issues that I've got to fight, like my TIAs. In the end, hearing loss will be a nusiance for the remainder of my life. The underlying condition that's causing my TIAs, which is without a doubt service connected, may well end my life.

Share this post


Link to post
Share on other sites

Ad


  • 0

Thank you Chris. My first question after just seeing this thread is what the veteran's entrance physical said or didn't say about hearing loss. If hearing loss is not noted on the physical, the veteran's hearing was assumed to be just fine upon entrance into service. Was it noted on the separation physical?

There's a recent discussion on this very topic at Facebook by The Attig Law Firm in Dallas that is worth review. It not only discusses presumption of fitness for duty, but also discusses aggravation of existing conditions by military service if the veteran's condition was acknowledged at the entrance physical but the veteran was accepted for service, anyway. It is relevant to other conditions, as well. The veteran's entrance physical is the first piece of evidence a veteran should get his/her hands on, and the separation physical the second piece, to provide the foundation for the rest of a disability claim.

Share this post


Link to post
Share on other sites
  • 0

I think a complete detailed examination or opinion from a licensed physician would carry equal weight as a C&P examiner.

Share this post


Link to post
Share on other sites
  • 0

I think a complete detailed examination or opinion from a licensed physician would carry equal weight as a C&P examiner.

An issue dealing with hearing loss or tinnitus must be addresses by a specialist in the field -

just a licensed physician won't cut it.

It must come from a licensed audiologist and sometimes is accepted from an ENT specialist.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines