killemall

From my readings on actual va case results for personell who fall under 4.86 b, it seems that even though it states each ear is evaluated seperately they seem to still use the criss cross to determine compensation. Heres an example The veteran was provided a VA audiological examination in September 2008 that showed: HERTZ 1000 2000 3000 4000 RIGHT 15 50 60 60 LEFT 20 70 70 75 The right ear average puretone threshold was 46 decibels and speech recognition was 86 percent. Under Table VI, such hearing acuity is considered Level II. The left ear average puretone threshold was 59 decibels and speech recognition was 80 percent. The left ear puretone thresholds meet the exceptional pattern of hearing loss specified in 38 C.F.R. § 4.86(b). Under Table VI, such hearing acuity is considered Level IV. Under Table VIa, the hearing impairment is Level IV. Pursuant to 38 C.F.R. § 4.86(b), the higher numeral designation is to be used and is elevated to the next higher Roman numeral, which is Level V. Thus, combining the hearing level designations for the two ears under Table VII results in a 10 percent rating under Code 6100. 38 C.F.R. § 4.86.

Sounds good

(b) When the pure tone threshold is 30 decibels or less at 1,000 Hertz, and 70 decibels or more at 2,000 Hertz, the rating specialist will determine the Roman numeral designation for hearing impairment from either Table VI or Table VIa, whichever results in the higher numeral. That numeral will then be elevated to the next higher Roman numeral. Each ear will be evaluated separately. (Authority: 38 U.S.C. 1155) [29 FR 6718, May 22, 1964, as amended at 64 FR 25209, May 11, 1999]

Here is the verbage from my cirrent 30% The evaluation of bilateral hearing loss is increased to 30% dosabling effective feb 8 2010, which is your date of claim. VA EXAMINATION findings show the left ear with a 64% doscrimination. decibel loss at the pure tone threshold of 1000 hertz os 10, with a 80 db loss at 2000, a 75 db loss at 3000 and a 65 db loss at 4000. The average decible loss is 57.5 in the left ear. from table Vl of 38 cfr 4.85, roman numeral vll is derived for the left ear. this is determined by intersecting the percent of speech discrimination with the pure tone threshold average colum. The right ear shows a speech discrimination of 70%. Decibel loss at the pure tone threshold of 1000 is 10, with a 50 db loss at 2000, a 75 db loss at 3000, and a 75 db loss at 4000. The average decible loss is 52.5 in the right ear. From table vl of 38 cfr 4.85 roman numeral V is derived for the right ear. this is determined by intersecting the percent of speech discrimination row with the pure tone threshold average colum. A 30% evaluation is derived from table vll of 38 cfr 4.85 by intersecing row v, the better ear, with colum vll, the poorer ear. This last sentance is my problem. I meet subsection b standards, so why are my ears still evaluated together instead of seperate?

Section b seems to state that the ear that meets the requierment of being under 30 at 1000 and over 70 at 2000 will be evaluated on its own by whichever scale gives the higher rating?

On my records they did indeed upgrade my left ear one level up from vl to vll since im at 15 at 1000 @ 80 at 2000. But they intersected that vll with my better ear at v. This gave me a 30% rating. But when reading subsection b it seems they should be rsted seperately? Not intersected

So two seperate rateings or do they still criss cross the worst with the better to get a combined rating???? I have the records

(b) When the pure tone threshold is 30 decibels or less at 1,000 Hertz, and 70 decibels or more at 2,000 Hertz, the rating specialist will determine the Roman numeral designation for hearing impairment from either Table VI or Table VIa, whichever results in the higher numeral. That numeral will then be elevated to the next higher Roman numeral. Each ear will be evaluated separately. (Authority: 38 U.S.C. 1155) [29 FR 6718, May 22, 1964, as amended at 64 FR 25209, May 11, 1999] If Im reading this correctly then each ear is fully evaluated seperately? Im 15 at 1000 and 80 at 2000 Thing is Im pretty sure my 2010 and 2011 hearing c and p both met the same criteria. Thinking I may have been getting screwed for years now. Can anyone confirm exactly hpw this would work acording to susection (b). My left ear is 1000 15 2000 80 3000 85 4000 75 Right ear is 1000 15 2000 55 3000 80 4000 75 If each were rated seperately due to section b then that would be 30% for left and 10% for right going only off of pure tone. Am I doing this right?

Should I requrst a new exam now or wait and see?

Thanks Boomer. Thats what Ill do then. Ill wait and see what they come up with and do the nod if I get the short end of the stick. Will a nod start a new effective claim date or will my retro still be back to 2010?

My current ratings hearing 30% Tinitus 10% Burns 0% Scars 0% Sep 2011 i dod a hearing c and p with the following results right ear pure tone average 52.5 speech doscrimination 70% Left ear pure tone average 57.5 speech discrimination 64 % This gave me a 30% cpmpensation rating around this time I observed my speech was becoming quite slurred and and sent in the proper paperwprk stateing I had a speech dosability secondary to hearing loss. A year went by and I took a c and p exam in Oct 2012. 7 months went by and still no news of my c and p results. Then earlier this month in Apr 2013 I took a c and p exam with a speech therapist for my speech disability secondary to hearing loss. Wondering why they finally gave me the c and p for my speech disorder I took advice from members here and used the freedom of information act to get a copy of my Oct 2012 hearing c and p results. the results shocked me. Right ear pure tone is 57.5 speech discrimination is 28% Left ear pure tone is 63 speech doscrimination is 10% My right and left ear both jumped up 5 points in pure tone from sep 2011 to Pct 2012. This is good as far as an increased compensation. However my 10% and 28% speech discrimination are so low that the audiologist wrote that they should not be used because the veteran (me) did not try and guess words despite instruction. What I recall was getting half the words right and if I had no idea I said nothing. 1-3 out of every ten words is not what I remember at all. Because the audiologist stated to not use my speech discrimination results the va could use only my pure tone results and this would put my compensation from 30% to 10% for hearing loss. Since this c and p was 7 months ago and I havent been down graded yet. plus the c and p for my speech I am hopeful that the va is doing what they can for a fair rating. What would you recommend. Im thinking of seeing to private audiologist and redoing the puretone and maryland speech discrimination to show that my results from that c and p are a failure of the audiologist and not myself

You know how it is...searching and searchong and cant find it now. But i wont give up. I did like you said and got a copy of my audio c and p. Bad news and Im gonna start a seperate thread

To my surprise I read that hearing loss can cause numbness in the face and slurred speech just the other day. This happens to me a lot. So much more than just not being able to hear. Ill post the link to that medical study. Ive been treated for depression at the va. Just waiting on this claim to finish up and then ill submit all documentation to support depression and my ocassional staggering.

Congrats

Ok I will go to the va on monday and find the foia office to get results from my october hearing test. This stuff is just unreal though. Im only 33 and my scores already hit 85. I figure by 45 ill be well into the 90s and at a percentage that gives a near retirement size compensation. But what a price to pay. Boomer I know you know how I feel. the compensation for hearing loss is just unsat. every moment of everyday Im guessing at whats being said on tv or friends or even how much I owe to the guy behind the counter. work is hit and miss with some days feeling nearly normal and others struggling to stay in the communication loop. Im rambling now but man this stuff takes a toll. Ill post up after i get the foia results

Sorry typing on phone. Boomer i want a copy of my exam very badly. requested foia 6 months ago but still no movement

Not on an audiology clinic but with a speech therapist. Snyone whos as deaf as i am has to have the same provlems properly makeing sounds when they speak. My speech is embarrassingly slurred

I exptessed yhat my speech has become slurred as a resilt of my poor hearing and added this as a contention to my hearing loss a few years back. They finally took me seriously

My hearing loss c and p is always the same.. Beep beep beeps and a word recognition test. The c and p i did the other day was speech only and i had to read paragraphs and carry on conversations ect. lasted over an hour with no ear stuff. only focused on speech with a speech therapist doctor

Thanks Boomer. I had a c and p with a speech therapist a few days ago. went pretty well. From talking to her the va wanted a second opinion on my hearing test. Im currentlt rated 30% hearing loss and 10% tinitus to equal 40%. My last hearing c and p from six months ago im betting money shpwed I deserve more than 30% for my hearing. So this speech c and p was a second opinion to the results and im hopeing the questionaire theve been waiting on.

Speech c and p went well. Im very hopefull.

Speech c and p tomorrow. every lil step..

Thanks. the va requested this back in feb and they still havent gotten it. Yes I did an increase exam. How the heck do I find the ear doctor and get this done.....it was outsourced. Thank you very much. insane ive been waiting six months on a questionaire lol

Currently 30% hearing loss and 10% tinitus for a total of 40%. Had a c and p exam on my hearing back in oct 2012. Still waiting on results so I called the va and they stated that they are waiting on a questionaire to be done by my local va and sent to them. Is this normal to have a questionaire done

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