I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
I'm working on preparing my brief to the CAVC on my appeal having received the Record Before the Agency (RBA). Searching for the initial EENT consult in the RBA now. Have it in a CD sent to me by the VA Records Management Center earlier.
Does anyone know the date of "liberalization" of tinnitus allowing the rating of 10% for noise induced loss instead of only as secondary to a TBI? Is there a reference?
Docket 17-2990 The following is in the RBA.
1) RBA Pages 4255 & 4254; The Rating Decision of 2-25-76, RO did not do investigation of injuries medically, only for “in line of duty” determination.
a) CUE: RBA page 4365 dated 4/5/65; 4/4/65. “Patient took exam to operate a forklift and was noted to have a moderate hearing deficit. Please see and evaluate.” 4/5/65, “tinnitus ® ear & vertigo.” (tinnitus subsequent to exposure to 5” naval gunnery practice in the battle dressing station under the gun mount during the USS Sperry AS-12 gunnery practice during my tour on that ship aggravating a pre service mild hearing deficit with an incident of losing most of hearing for a period of 3 days not recorded or complained about on the record as an HN E3 when told it would come back.)
b) RBA page 4309, Audiogram at Guam Memorial Hospital dated 7/31/75 noting “poor speech discrimination both ears.” But without noting the claim of tinnitus which is at least partially contributing to that. And the AOJ, given the EENT consult of 4/5/65 above and the other earlier Audiograms failed to send the examination back for a clarification on whether the tinnitus had subsided or was omitted from the report.
c) RBA page 476, Audiology consult dated June 18, 2013. Please include the audiology report and notes on tinnitus and word discrimination.
d) RBA page 3106, Rating Decision date 1/22/92:
i) “F. Service medical records show complaints of recurrent tinnitus in April 1965 and January 1968. The audiometrics done on current VA examination show average pure tone thresholds as 48 in the right ear and 63 in the left ear, with speech recognition as 88 percent and 76 percent respectively. Also shown is periodic bilateral tinnitus.”
ii) D. Service connection is warranted for a separate diagnosis Of tinnitus at a compensable level with application of 38 CFR 3.114 (A).
iii) 2016 38 CFR 3.114(a) “…or a liberalizing VA issue approved by the Secretary or by the Secretary's direction, the effective date of such award or increase shall be fixed in accordance with the facts found, but shall not be earlier than the effective date of the act or administrative issue.”
iv) 1974 38 CFR § 3.114 Change of law or Veterans Administration issue.
(1) (a) Effective date of awards. Where pension, compensation, or dependency and indemnity compensation is awarded or increased pursuant to a liberalizing law or a liberalizing Veterans Administration issue, approved by the Administrator or by his direction, the effective date of such award or increase shall be fixed in accordance with the facts found, but shall not be earlier than the effective date of the act or administrative Issue.
v) 1974 38 CFR 4.84(b) 6260 Tinnitus ---------------------- 0 (See diagnostic codes 8045 and 8046.)
vi) 1974 38 CFR 4.124(a) 8045 Brain disease due to trauma Purely neurological disabilities, such as hemiplegia, epileptiform seizures, facial' nerve paralysis, etc., following trauma to the brain, will be rated under the diagnostic codes specifically dealing with such disabilities, with citation of a hyphenated diagnostic code (e.g., 8045-8207). Purely subjective complaints, such as headache, dizziness, insomnia, tinnitus, etc., recognized as symptomatic of brain trauma, will be rated 10 percent and no more under diagnostic code 9304. This 10 percent rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of chronic brain syndrome associated with brain trauma.
vii) RBA page 844, Periods of steady tone were greater in Japan because of the constant additional background noise but still the 20 per day of the steady high-pitched tone seems a bit exaggerated. Probably something lost in the translation to the Audiologist. However, even with the translation, this is the clearest and best history of my tinnitus reported in the record.
viii) RBA pages 3149 & 3150, Audiogram dated 8/21/91, recording tinnitus but inaccurately. My tinnitus has been constant with the bird chirping, with an intermittent steady high-pitched tone that more grossly interferes with hearing especially in a circumstance like an audiogram, since it first appeared in late 1964 during my tour on the USS Sperry AS-12 following gunnery practice and a temporary hearing deficit of everyone sounding like they were down in a well which off the record, after the practice, by a physician I was told would go away in a day or two. As an HN E-3, at the time, all I was concerned about was getting my hearing back which I did except for the tinnitus interference which wasn’t too severe except when trying to intently listen to soft sounds when it becomes a high pitched steady tone. So, it is intermittent in nature of interference. Otherwise it is like a soft background noise unless competing with soft sounds. This is the way I always describe it, but it has never been recorded in the long version except on RBA 844.
ix) RBA page 3202, Claim on my behalf by representative with no mention of tinnitus. Given that it was granted on the review of the record under 38 CFR 3.114(a) it should have been dated from Mar 18, 1976 per the 1976 38 CFR 4.85b and the cited, in the 1/22/92 Rating Decision, 38 CFR 3.114(a).
x) RBA pages 3484 & 3485 Audiological Case History, dated 5/24/88, recording tinnitus but with errors. Not “since taking Elavil” as the record shows. Worse since taking Elavil. And not intermittent as stated above except for the difference in tone. It is there when I wake up and when I go to sleep and probably keeps me from dreaming most of the time. And it has been like that since the 1963 or 1964 USS Sperry AS-12 gunnery practice.
xi) RBA pages 3955 & 3956, Audiology Case History dated 5/14/85, also reporting tinnitus but erroneously. Is the reporting of “intermittent” because that is the usual? Where did the “2 episodes come from” Perhaps 2 episodes of the change in tone to a high-pitched tone. Should be mild constant with intermittent severe.
xii) RBA pages 3965 & 3966, Audiology Case History dated 7/14/83 recording tinnitus moderate with errors as above.
xiii) RBA pages 3987 & 3988. Audiology Case History dated 12/13/83, tinnitus reported, correctly as not in ears, incorrectly as periodic and just in morning (louder when first awakening). Appears to include both high pitched and “birds” (high pitched; “birds.”)
xiv) RBA pages 4328 & 4329, Audiogram dated 22 Jan 67, Audiologist did not fill out history on back. Similar Beltone reports back was not copied.
xv) RBA page 4462, Rating Decision dated June 25, 2015; “We determined that the following condition was not related to your military service, so service connection couldn't be granted: Medical Description Tinnitus” This goes to the authenticity of the June 25, 2015 Rating Decision and its sloppiness.
e) Several audiograms listing tinnitus in boxes provided on VA and Military audiogram report forms are not included in the record. Some but not all are on the CD provided to me dated 02/15/2017.
After my initial question in 2013, I'm finally filing and I have more questions than I thought. I've been naive in the past, please help!By jayb5224
Thank You in advance! (First question after reviewing this book I wrote here should probably be, do i need to separate all of these questions into the different subject forums or is this OK ?) I've been procrastinating now for almost 10 years (mainly because of denial, I volunteered, tough guy, I know guys that seen/did worse and horror stories with the VA) and have just this year decided to attack this VA Claims Process. Putting it off for too long and ready to get the information needed to hopefully (fingers crossed) have a smooth process.
I have not filed for anything, have no medical records or injuries documented while active or since (I have just requested my military records from the right place after all these years, because I assumed the VA would have them and keep them safe, so I didn't need a copy. MISTAKE #1, Naive I know) and have not been to see a private doctor for anything. I medicate with over the counter and always have, but have never been officially diagnosed with anything.
Just last month I made an appointment with advice from an amazing local veteran group with a psychologist outside of the VA and she diagnosed me with PTSD. It was extremely hard to even talk to her, I've never talked to anyone about it just denied it or pushed it back. (I know I'll still need a VA exam). I was also seen by an outside, but VA referred hearing specialist and was diagnosed with tinnitus in the 3k range and hearing loss. 6 months after release from active duty in 2007 I was seen at the local VA for hemorrhoids and treated. I have had issues with roids, constipation, diarrhea etc ever since. This is also the only thing I have ever been seen for at the VA. My wife has also complained for years about sleep apnea and me startling her in the middle of the night when I sleep, should I get an evaluation for sleep apnea. She doesn't remember ifI did it when active or not, but does that matter for service connection ?
I have already made the intent to file as of last month and am wondering how I should proceed from the above mentioned. I have not been seen for IBS, by any professional but it reads like that is a high possibility, so do I need a diagnosis from outside of the VA or should I get one prior to filing?
Should I file IBS, if diagnosed under "presumptive illness" (BALAD IRAQ 2005-2006) ?
Should I get on the Burn Pit or Gulf War Registry (Is there anything I should know prior to going to these registry appts) ?
Should I file for PTSD with just an outside evaluation (How are stressors confirmed, all mine are personal accounts and encounters) ?
Should I file for hearing loss or tinnitus or both I served as a firefighter and have read that as being on some list hearing related jobs ?
And finally, Should I file for all of these now at one time or should I wait and do them individually ?
My main concern is going into this and not being fully prepared, if there is anything you believe would aid in the above filings please let me know. I know there is a long road ahead, but I don't see any point in going alone and appreciate you all. Thanks again!
By Ed Ball
Noise and Military Service; Implications for Hearing Loss and Tinnitus (2006) is the Institute of Medicines findings and presentation to the VA Secretary which deals with a lot of history throughout the DOD, addressing such things as "whisper exams" that fail to register the upper frequency ranges or loss thereof which is what Bilateral SNHL is all about. Lack of documentation, and a wealth of other information. Did you know that prior to 1978 a bonafide DOD Hearing Conservation Program to safeguard hearing loss did not exist. One exception the USAF did in fact conduct audiograms on select personnel from the late 50s forward.
Do not be surprised in your VA Denial letters to find those serving prior to 1978 to have had an audiogram during their induction physical, but a whisper exam upon separation. The VA C&P examiners frequently refer to your hearing being normal upon separation, therefore the military did not cause your hearing loss. The VARO will concede your traumatic acoustic events and further noise environments, but will side with the medical evidence (by law) each and every time. Solution? Private Audiology Medical Opinions, the doctor will review all information in your VA Claims folder, and list the items they reviewed on their office letterhead, with the statement they have reviewed, then have the doctor remark as to "as least as likely as not" (equal to or greater than 50%) or "more likely than not" (greater than 50%) due to traumatic acoustic events endured during his/her military service, followed by medical reasoning as to why. The doctor will date and sign their letter and insert their credentials behind their name. (You may want to request copies of your military treatment records if you don't already have copies in order to challenge the VARO decision)
Today I get the private medical opinions before submitting the claims. That way if the VA C&P Examiner determines the military didn't cause your hearing loss (negative opinion), I have the Private Medical Opinion (positive) and they cancel each other out. Then the RVSR within VARO is left with reviewing the remaining positive evidence in your claims folder, if available, and provide the veteran the benefit of doubt. 38 U.S. Code § 5107 - Claimant responsibility; benefit of the doubt
Hearing protection devices; there are various designs, based on noise levels in your work environment; that have what are referred to as Noise Reduction Ratings to preclude hearing loss. These did not exist, in my case prior to 1979. Years ago, while in the Navy, I noticed engineers would wear what we called Mickey Mouse ears, to help attenuate the noise in their work space. These items were shared, gaskets wore out after extensive use and personnel continued wearing them without a proper seal. Their workspace would require at least a double flange and ideally a triple flange hearing protection device along with the ear muffs to preclude hearing loss. Problem being, they had to be removed in order to communicate, receive orders in conventional engineering spaces due to noise levels.
News flash! There is no test for Tinnitus. VA will attempt to state otherwise, but the American Tinnitus Association and their very own DOVA JRRD Vol 46, number 5, 2009 pages 619-632 states "Special audiological tests are effective in detecting deliberate exaggeration of hearing loss, but no documented test exists that is capable of detecting the presence or absence of tinnitus." Furthermore, you are authorized to diagnose Tinnitus; for this very reason. Define the traumatic acoustic event you were exposed to that caused your Tinnitus since military service. 105mm Howitzers 185dB, M-16 156dB, flight deck on aircraft carriers 136dB are but just a few areas of impulse noise levels that exceed OSHA 90dB exposure in an eight hour period.
Here is a further recommendation by Veterans Law Blog:
Draft a Sworn Declaration – do not use VA Form 21-4138 – with the following information: (I've used the 21-4138 with success)
List each and every incident of significant noise exposure you can remember – and give enough detail to show that the exposure was significant and credible Grenade blasts, artillery rounds, simulators, constant machine-gun fire, years around loud jet or tank engines, you get the idea. Don’t OVERDO it…1-3 sentences should suffice, but identify if you can the approximate month and year of the noise exposure. State approximately when you remember the tinnitus starting. If it started in service, explain why you didn’t seek medical treatment in service (for most Veterans, explaining the reality of military service to bureaucrats will suffice: no soldier, sailor, or airmen is going to stop a mission or training to seek treatment for a condition that everybody has and that there is no cure for. True Story). Identify the chronicity of your tinnitus – has it been continuous since exposure to the noise? If yes, explain that you have had this ringing since the exposure to noise. Identify the frequency of your tinnitus – how often do you have ringing in the ears? Every day? Twice a week? 4 times a month? Identify the severity of your tinnitus. I think you need only do this if your tinnitus is so severe that it is debilitating, prevents you from working, or in very rare cases, is “objective tinnitus”, meaning it can be heard by other people standing next to you. In these cases, you might be able to seek an extra-schedular rating for the tinnitus in excess of the 10% limit in the Schedule of Impairment Ratings.
My back story: resigned my active duty commission in 1999 and submitted disability packet for bi-lateral shoulder condition (separated left shoulder, bursitis right shoulder), left knee (x2 surgeries), right ankle blow out, anemia, sinusitis, tinnitus, hearing loss, vertigo, right wrist tenosynovitis, Bell's Palsey, headaches, viral syndrome, low back pain, hemorrhoids, and bilateral hand and finger numbness due to mild ulnar entrapment. In late 2000, they came back with a20% rating- 10% for left knee, 10% for right ankle. I was also awarded 0% for sinusitis, right wrist, Bell's Palsey, hemorrhoids, and right shoulder. I was full on into my new civilian job and didn't know much about the appeal process so filed the paperwork away and didn't do anything.
Fast forward to 2013 and 2014: experienced issues with my left shoulder (non-rated) and left knee, started with civilian doctor and also went to VA in Palo Alto, CA. Submitted a claim for increase on my left knee in Apr 2014, went through C&P process and received a 10% increase for left knee - for a total rating of 30%. In parallel, In May of 2014 started seeing the Ortho doctor in Palo Alto VA for left knee and left shoulder, and regular VA PCP for right wrist and other issues. The Ortho doc noted another meniscus tear in left knee and put me on crutches for 6 weeks (I had a 3rd left knee surgery by civilian doctor in Oct 2007). A year later, after physical therapy, VA Ortho conceded a 4th surgery was needed and I had it done in July 2015. In December of 2015, I submitted a new claim for: inc left knee, right knee strain secondary to left knee, low back pain secondary to left knee, increase to right wrist, increase to right ankle, reopen left shoulder with buddy statements corroborating shoulder separation, increase to right shoulder, headaches secondary to sinusitis,and tinnitus secondary to Bell's Palsey. Assisted by a VSO recommended from a good friend, I mailed my packet in with all the documentation in Dec 2015.
I had my C&P exam in Feb 2016 in Palo Alto. Like many other postings, I had a bit of an issue with my C&P examiner. I was very nice and answered all of her questions to include the impact of all of my various aches and pains on my daily life. She did not properly measure my ROM for knees and shoulders with the goniometer and eye-balled it instead. My left knee hasn't straightened out since BEFORE the 4th knee surgery, yet she put down a 5% measurement. She also stated she, "question about veracity of her complains. Exam is significant for somatic amplification, lack of effort. Pain is out of proportion to findings on diagnostic test" and quoted an exam I had in Dec 2015 from a DIFFERENT Ortho doctor who completely wrote what he felt like in my record, "According to CPRS ORTHOPEDIC CLINIC note dated on DEC 10, 2015:- She is able to fully extend her knee and flex up to about 115 degrees. On PHYSICAL EXAMINATION of L knee she had Full extension and to 150 degrees of flexion in the left knee." So she thought I was exaggerating because a doctor pushed down on my leg and deemed it "fully extendable".
Her review ultimately ended in an increased rating to 70%: 0% for left knee extension, 10% for right knee strain, 10% for right wrist increase, 20% for left shoulder, and 20% for right shoulder for a total rating of 70% (including previous year 10% increase for left knee). She completely blew off my low back pain secondary to my left knee because it's a "normal progression of getting older" and I am overweight. Duh. Difficult to lose weight when one has difficulties walking. She determined no increase for sinusitis, hemorrhoids, right ankle, and I am guessing since no increase on sinusitis, that means no secondary connection for headaches. Tinnitus was deferred, and after a few examinations in Texas (I relocated in Feb 2016 right after the C&P exam in Palo Alto), I recently received a 10% rating for tinnitus. Total rating is still 70% because tinnitus didn't move the needle at all.
So here are my questions:
1. Should I submit a NOD or new claim for increase for left and right knees? After 4 left knee surgeries, an obvious altered gait that causes me to lean on my right leg, leading to right leg strain and low back pain, and the fact I STILL can't straighten my left leg completely, I went to my civilian doctor and physical therapist, who both stated my low back pain and increasing right leg problems are related to my left knee issues. I recently went to Ortho in Temple, Texas with regard to my right knee locking, knee cap popping, and constant pain in right knee, and they basically said here's a knee brace - go lose some weight. They offered injections too, but I'm a bit leery about doing those as I don't hear much good comes from them. I should also note, my physical therapist and the VA doctor in Temple both measured my left knee at 10% extension which should equal a 10% rating.
2. I have more documentation on my low back pain related to left knee - should I submit a NOD or new claim? I should note the surgeon who did my 3rd knee surgery in 2007 indicated I was headed toward knee replacement and should quit all sports and activities that would stress/strain my knee. It was discussed again last week at the VA Temple, but the PA said I need to lose weight before they can do a knee replacement (they really recommend against it at this time as I'm not even 50 yet). Talk about your Catch-22s.
3. I enlisted in the Army in Feb 1985 with a known hearing loss in my left ear and diagnosed BPPV (Benign Proximal Positional Vertigo). My medical records clearly show a hearing loss, yet my initial claim in 1999 was denied service connected for not enough documentation. There are also numerous mentions of vertigo in my records during active duty, reserves, and VA visits. In late 2002, the VA in Palo Alto was going to send me for evaluation with regard to Meniere's Disease, but in Feb 2003, my Reserve unit was called up to support the war (I did not go overseas, we were sent to Fort Leonard Wood for stateside support) and that eval got put on hold. When I returned back to Cali at the end of the one year tour, my job relocated me to Texas. While I had recurring vertigo episodes I did not pursue the eval for Meniere's because they didn't happen all that frequently. Fast forward to 2014 and my hearing problems, tinnitus, and vertigo frequency increased dramatically. Tinnitus 24/7, hearing loss in the upper Hz levels worsened, and vertigo episodes of short duration is a weekly occurrence. I started going to the VA for those issues, and have an appointment in Austin next week for Meniere's evaluation. My question is: should they say yes, I have it, how do I get it service connected when hearing loss is not-service connected? Note: my hearing loss is in the 3000-8000 range whereas the VA only counts it a rate able loss in the 1000-4000 range. I've had life long issues with my left ear, hearing, vertigo that I can document with family statements, a few medical records from childhood, and I went through my medical records page by page and highlighted every mention of hearing, vertigo, dizziness, anemia, viral, etc. If I am reading the requirements correctly, I could qualify for a 60% rating for Meniere's if it can be service-connected. I just don't know how I do that?
Thank you for your help.
I am new to this site and am happy to see that there are a lot of folks on here who know the ins and outs of filing claims with the VA. Hopefully someone will be able to offer me advice on how I should proceed. I did not know until recently the issues I've been dealing with were covered by the VA, otherwise I would've started this years ago. I'll try to provide adequate detail.
Background: Navy; Honorable discharge in 2003; Persian Gulf; did just about every job imaginable on the boat.
Claims and questions:
Scarring/pain: service medical record contains detailed record of surgery for removal of Basal Cell skin cancer on my face, including drawing, measurement and procedure details. The nexus seems very clear. Question: How does the VA actually measure scars, and what rating should apply? My t-shaped scar runs from the inside of my right eye down the side of my nose (about 2 inches), and across under my eye (about 1 inch). My right nostril is now asymmetrical as a result of the skin pulling and settling after the surgery, and there is a small scar "pocket" on the side of my nostril. Also, the skin changes color with hot/cold, becomes irritated by sweat, tingles/throbs and is prone to sores and infections. Functional Gastrointestinal Disorder: Nexus: Record contains one instance of gastroenteritis (vomiting/diarrhea), along with "sea sickness". I have civilian medical records for multiple gastro events after leaving service, including hospitalization and surgery (the doc mistakenly diagnosed appendicitis) for gastro and non-specific gastro problems. Not in my records is that I constantly have gastro issues including dyspepsia, frequent vomiting, and bouts of constipation and diarrhea. Also, I am by definition a Gulf War vet, and I understand that this condition falls under "Special Gulf War Rules" as a "Qualifying Chronic Disability". Question: Is this adequate for nexus, or do I need an IMO? How do "Special Gulf War Rules" come into play vs. a standard claim for gastro issues? And, what rating does this condition entail? Tinnitus/hearing loss: my service record contains evidence that I was qualified in multiple weapons, and was a sonar tech. The sonar I worked on was I believe one of the loudest man-made noises on earth, and I had my bell rung more than few times when that thing went active. Question: There is no mention of tinnitus in my medical records, but is there enough evidence to establish nexus? My ears ring 24/7 and it drives me nuts to be in silence. Question: Will the VA most likely require me to take more tests? What if I'm in good shape the day of the tests? Do they understand the "flare up" nature of certain illnesses? I've obtained copies of all of my military and civilian medical records (and made more copies), and plan to meet with a VSO before submitting. I hope I have enough documentation and evidence to satisfy what the VA is looking for. I have a few other claims as well, but didn't want to post too much.
I greatly appreciate any feedback on the items above, as well as any other advice that can help make my claims as painless as possible. Thank you all for your service.
So I went to my local Va and filed a 21-456EZ form for:
Gastrointestinal disorders,hiatal hernia(gulf war)
and a few other things in my record
I was honorably discharged from the USMC in 96 was dealing with this stuff then but, right or wrong I just dealt with it. I mean if I could get up and put my boots on in the morning and go to work thats's what I did. Only now it's taking longer to get going in the morning and so with the urging of my wife and fellow vets I went and filed.
They took down my info and sent the form off. Also told my to go get a gulf war registry exam, which I am still waiting on. He didn't ask for med. records, x-rays, DBQ or anything. I told him about my PSTD symtoms and he put down anxiety. I'm just wondering what I'm in for and what to do next. So any advice , info, or help you guys can send my way is much appreciated.
I was just awarded 10% for Tinnitus and 0% for bilateral hearing loss. I feel blessed to get this but should I appeal. I have been out of the USCG since 1972. I opened my claim August 2013 for these issues and one other that I have got to get more proof of.
SC was granted for both hearing and Tinnitus but I assume they felt the hearing wasn't bad enough? The ENT that performed my C&P said that I was a certain candidate for hearing aids. My personal Doctors records indicated long term hearing & tinnitus issues back to the 70's and he provided a Nexus letter that indicated that. My service exit exam indicated only a whisper test was done? Funny I don't even remember that.
I really have two questions, I have sleep apnea and have used a bi-pap for the last 15 years, however that does not help me when I can't fall asleep due to the constant ringing that has gotten worse over time. Also when I do wake at night it makes it difficult to go back to sleep and sometimes I don't. That requires me to take a prescribed stay awake pill when I have the bad nights. Is there no consideration for that?
Also based on the ENT's comment of me benefiting from hear aids should I appeal for the hearing loss?
I was getting nowhere until I went through the DAV and the VSO was awesome, but it is difficult for me to get to see or communicate with him.
Hello Hadit Family.
VARO granted the following effective 26 December 2012 on a request to reopen a previously denied claim:
1. 10% for Tinnitus Associated with bi-lateral hearing loss; and
2. 0% for Bi-lateral hearing loss.
The approval reason in part reads, "Service connection is warranted because your service treatment records (STR) show your hearing loss began in-service. In addition, your military occupational specialty (MOS) of non-nuclear welder is consistent with acoustic trauma and your hearing loss has been linked to that acoustic trauma".
In the original claim sent to the VARO they received on 9 May 2011, the denial reason states: "Efforts to obtain STR from all potential sources were unsuccessful. If these records are located at a later date, this decision will be reconsidered. If a different decision results, that decision will be effective as of the date of this pending claim."
He did not have access to his STR at the time his VSO representative, the American Legion, assisted him with this initial claim. The underline part above is where my question comes in: should his effective date go back to 9 May 2011?
I don't wont to advise him incorrectly that 9 May 2011 should be his effective date and the VA owes him more than just a year's retro, which they have already sent him before I know for sure.
Just trying to see if I should have him to ask for the EED based on the VA's own response in the original denial; thanks.
Today I have finally received good news in the mail. After a 36-month battle trying to prove that the VA was not looking at all of the facts I provided, I received my service connection for tinnitus. I thought they were going to make me drive to Detroit for a video hearing, but apparently they had discovered that they overlooked some key documents I had submitted, and which I brought to light on my last appeal, and to my District Congressman Dan Benishek. I thanked God with tears in my eyes when I read the letter. It could not have come at a better time, with my vehicle problems, no income for the past 9 months, and all of my other medical problems. Now I am going to push for a compensation case against Camp Lejeune for the contaminated water they knowingly let us drink, eat, and bath in, 3 and 1/2 years of it myself. I have Hepatic steatosis and have been suffering from strange unexplainable Neurobehavioral effects since 2004, which have changed my life forever and made it a living hell ever since, and throw in seronegative rheumatoid arthritis from out of the blue which took the wind completely out of my sails in 2011 leaving me unable to work (carpenter in and out of the National Guard) and got me medically discharged as of January 31, 2013. They need to pay for what they have done! My life is a total disaster. I will keep on trying and I hope everyone else affected by this does the same. Anyways a ray of sunshine came from heaven today and has given me the ability to keep living and pushing on.
Semper Fi to all of my fellow Marines, Sailors, and families affected by this travesty of justice,
e-Benefits Status Messages
Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,
GlennieHB posted an answer to a question,I have a 30% hearing loss and 10% Tinnitus rating since 5/17. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating. Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive. I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. I don't know whether to file for a TDUI, or just ask for additional compensation. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused. Any help would be appreciated. Vietnam Vet 64-67.
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.