stillhere

Forgot to point this out this was written by a former audiologist who worked for QTC. Question should this get my claim reopened before it is sent to the BVA and what might my rating be. Thanks, For the responses. Ok new evaluations from audiologist in support of my claim for hearing loss: CHIEF COMPLAINT: The Veteran, a 60year old male, was seen in my office on XXXX for pure tone and speech recognition evaluations. The veteran reports a significant history of noise exposure during his military career. He has a long history of hearing loss and tinnitus in both ears. The veteran currently wears a hearing aid in the left ear only. AUDIO TEST PERFORMED: Audio tests were performed including audiogram with tympanograms. AUDIO RESULTS: Otoscopic examination revealed both ear canals free of cerumen. Standard Puretone Audiometric procedures revealed a moderate to severe hearing loss in the left ear and a moderate to profound sensorineural hearing loss in the right ear. Significant asymmetries were noted from 750 through 8000Hz. NU 6 word list was utilist to obtain speech discriminations via live voice with a score of 76% at 90dB HL in the left ear. Speech discriminations could not be evaluated in the right ear, although a speech reception threshold of 95%dB HL was obtained in ear. PLAN OF CARE: Mr. XXXX, has a moderate to severe sensorial hearing loss in the left ear and a moderate to profound sensorial hearing loss in the right ear accompanied by constant tinnitus. It is more than likely than not that the tinnitus and hearing loss was caused by noise exposure while in the military. Continued hearing aid use is recommended for the left ear and should be considered for the right, ear along with cochlear implant candidacy. Annual audiometric evaluations are recommended for continued status assessment of the auditory mechanism and hearing conservation is recommended(hearing protection) whenever the veteran is exposed to excessive noise levels. Signed , Au D CCC-A

well I just went back to my denial letter and low and behold way down at the bottom is a preprinted IMPORTANT message to see reverse side for your appeal rights! I never noticed this and the other side of the denial letter is not in my C file so Not until I pulled the original this morning did I see it! I missed it because I was so p---sed when I got this way back in 84'! Please all you vets out there when you get your denial letters make every effort to understand why you were denied. Don't do as I did!!

have you ever had a hearing test before? just be yourself and do as well as you can trying to hear the different tones and words. It does you no good to try and cheat or not do your best on these tests. Which I am sure you will NOT do, but they should give you and honest shake. If you feel you have tinnitus make sure you bring that up too. While I have had many test for hearing over the years I have had only a C&P for one in many years. Good luck and make sure to get a copy of the exam as soon as you can. good luck with your claim.

Pete/Berta, Below is the only notification I received back then and further more is the only thing in my official c file that they sent me: Dated August 1,1984 We cannot grant your claim for disability benefits. The evidence does not establish service connection for the following: Evidence of records shows that no hearing loss occured during your service That is all it says. now in March 8, 1984 also in my c file from the VA is they ask me for any and all information to support my claim of hearing loss that I may have in my possession. This was requested before the decision but they NEVER told me anything about appealing and there is nothing in my records. Think I have a shot at it his way for a cue? Thanks for all your replies. I find this part of dealing with the VA very, very confusing. How do I submit a cue claim and do you think I should?? Stillhere

I submitted a claim for hearing loss in 1984 and my denial letter at the time was just 2 sentences and said claim for hearing loss denied. Did the VA at the time in 1984 have an obligation to make me aware of the fact that I had a right to appeal? This denial is also in my C-file copy from the VA with NOTHING else there? Is this the way they did business back then? I would be particularly interested if Berta would comment on this. Thanks!

Thanks rentalguy, I guess I screwed this up then, I really wanted a chance to plead my case in person with my wife but now I have to wait until after they have made a decision and then send in a form 9 if I don't like their decision, or can i send them an iris or call and ask for a hearing before they decide?

Not sure about this, when in the appeal do you ask for a DRO hearing? I have an NOD in on a few items and I asked for a de nova review by a DRO do they ask me if I want a hearing or do I ask for one before they have made their decision?

check the site www.vawatchdog.com they have a bunch of comments on this.

Thanks Bob, I claimed tinitus this last time because I have had it for years and really never knew what it was called. I told audiologist over the years when giving me tests that sometimes I hear noises and raise my hand when nothing is there. No one ever put two and two together. The denial said "there is no current medical evidence attributting any current tinnnitus to your military service" Appears they are denieing because my hearing loss has not been SC.

Thank you tyler I am working on that right now. Actually I have requested a dro review hearing and hope to be able to show how I truly feel about this. I am working on trying to get the doubt that is supposed to go to the veteran to come into play. I have an appointment with my VA audiologist next month and plan to point all this out to her and ask for an opinion. I know I could and maybe should just let this drop, it is not helping my heart any. But I feel us Vietnam vets have been shit on so many tiimes in the past me included because we just said the hell with it. I will not do it this time I will stay on this until the last appeal! Good luck all with all your claims, may you get all you are supposed to!!

Carlie, I have tried to be nice but I am done hearing from you on this, if you think you are so d--n right pick up your phone and call your audiologist! I quite frankly I have no idea how you think you are helping me with this!??!! Between your shouting (with the big type) and your condensending attitute you really are beggiinng to P**s me off.Please do not respond to any more of my posts I need help not what you have to offer! I am putting your post on ignore from here on out!

Thanks Purple, I think?

General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. OK the new and I consider material evidence the fact in the letter statment questioning the validity of the exit test on record. That has never before been questioned and is now by the letter not only questioned but being told there is no way this is a actual test of said individual's exit exam.

I understand where you are coming from and do not need hugh type(my eyes are fine) to get a point across. But if you have a hearing loss next time you go to your audiologist just ask if you could improve your hearing by 40dB what would it take. I am sure they will tell you it is almost impossible. While I do agree with you the letter/statment is not the best. I am taking yours and anyone else's comments and going back to see if I can get her to expand on it and clarify it better.

However, upon leaving the military, a repeat audiogram was conducted dated Oct.14,1971 indicating normal thresholds. I question the validity of that exam due to the fact that typically a hearing loss of this nature does not improve. (This audiogram showed an improvement of 40dB at 4,000 Hz.) The paragragh above clearly states the improvement is in no way possible. So the exit eam is fraud. And it is not that I do not remember I know for a fact that I did not have one! Also my point still stands this is new and material evidence so they have to open the claim.

Scott, Do you have a copy of the form 9? I hope you do. Also did you send in the appeals with signature reguired mail again I hope so. Good luck

Ok I would appreciate some opinions please and I promise no flaming from my end! Below is the letter from my outside audiologist I am hoping to get the VA to disallow the bogus hearing test in my file. Thanks, Stillhere This 59 year old Veteran was seen on Dec. 6th, 2009 for a hearing evaluation in our Virginia office. He served in the US Army from 1969-1971 where he was exposed to loud levels noise. Has the Audiologist reviewed your SMR's ? A base line audiogram conducted by the military dated May 29, 1968 indicates that he had normal hearing in his right ear at 500, 1,000,2,000Hz with a moderate loss at 4,000Hz (55dB). His left ear revealed normal hearing. He claims that he acquired a hearing loss while in service . This is a subjective statement and would only pertain to history However, upon leaving the military, a repeat audiogram was conducted dated Oct.14,1971 indicating normal thresholds. I question the validity of that exam due to the fact that typically a hearing loss of this nature does not improve. (This audiogram showed an improvement of 40dB at 4,000 Hz.) Due to the fact that the validity of the exit hearing examination on Oct. 14th is questioned it is impossible to determine if his noise exposure while in the military did or did not result in hearing loss. Number one question if I send this in will my claim get reopened? If this is already of record, it would be cumulative evidence, not new and material. jmho, carlie

I agree also they are really not the best at coming forward and telling you what is going on. Somehow or another they got my file last time that I sent to Roanoke and all of a sudden it just showed up on my door step denied!

Opinions please [-] Ok I would appreciate some opinions please and I promise no flaming from my end! Below is the letter from my outside audiologist I am hoping to get the VA to disallow the bogus hearing test in my file. Thanks, Stillhere This 59 year old Veteran was seen on Dec. 6th, 2009 for a hearing evaluation in our Virginia office. He served in the US Army from 1969-1971 where he was exposed to loud levels noise. A base line audiogram conducted by the military dated May 29, 1968 indicates that he had normal hearing in his right ear at 500, 1,000,2,000Hz with a moderate loss at 4,000Hz (55dB). His left ear revealed normal hearing. He claims that he acquired a hearing loss while in service . However, upon leaving the military, a repeat audiogram was conducted dated Oct.14,1971 indicating normal thresholds. I question the validity of that exam due to the fact that typically a hearing loss of this nature does not improve. (This audiogram showed an improvement of 40dB at 4,000 Hz.) Due to the fact that the validity of the exit hearing examination on Oct. 14th is questioned it is impossible to determine if his noise exposure while in the military did or did not result in hearing loss. Number one question if I send this in will my claim get reopened?

Well I am going back to my VA audiologist and show them my exit separation work and my induction paper work and get them to right an opinion for me also. I think if they will do it that this will help in the long run. My appeal is still in it's infancy (Nov, 08) so I should have pleny of time to gather some more facts and also the buddy letters. I don't know what else I can do at this point my main course of action is to get the VA to throw out that saparation exam as bogus. Then I might have a shot at getting this SC. Also a lawyer is not out of the question yet, what do you guys think? Wish me luck!

Good article and my sentiments exactly, does not matter what the country does now to us we are still being treated like a piece of meat!

I guess teac has not been going to the VA for very long and is very pleased with their work and the service. I have had good times with the VAMC and I have had BAD times and sometimes it is hard to tell which is which. Anyhow my test that was never done at separation was with the ARMY and not the VA. I filed my claim in 1984 and received a two line denial. At the time I just said the heck with it and went on my merry way and paid for all my hearing aids, and evrything up until 2005 when I became a VA SC vet at 30% I never knew why I was denied and quite frankly still don't know other than this last time they said NO Evidence of hearing loss while in service. I was made aware of the irregularities in the separation test by my audiologist who just reviewed all my paper work in preparation for my appeal. Even though my audiologist had my entire record at the VAMC it was never pointed out to me or discussed as to how this could have occured. I am sure that pure logic will somehow prevail in this, as there is NO WAY my hearing got better while I was working in my MOS and in a war zone. Is does not take a rocket scientist to come to that conculsion. I would just let this drop but I erred when I did that once before and I will not to it again. I may be in for a long haul but I plan to make everyone aware of the sitiuation. I think my VA audiologist would be very interested in this if they don't already know. My hearing is VERY bad now at the age of 59 and I have had an hearing aid since 84 so I am well aware it will take some effort on my part but I have to try and do this before I loose all my hearing!

First I plan on getting my audiologist to blow the induction exam way up and to say how there is no way someone working in my MOS in a war zone had there hearing essentually improve. And to high light how the note hand written by the doctor clearly says I had high frquency loss in the service. And then but not least I am working on getting some buddy letters from people I knew in the nam and right after. I think my main objective now is to get the VA to totally disallow that test as bogus. Then and only then will I be able to get them to SC.

The main point here is that the VA keeps denieing my claim for sc hearing loss based on a falseified separation exam. My audiologist is going to point tnis out to them in their letter. I also will point this out in my letter of support.

Nope the induction exam is the one that shows at 4,000 55/10 and not 15/15. I am in the middle of a NOD and asked for De nova review I think I will ask for and appointment to do a face to face. My audiologist is writing the letter for me and my hearing is way worse now. How do I get this lie out of me records?