osidevet

What's funny (not) is that both a private doc (ENT surgeon) and my VA doc wrote that after their exam and reviewing records that it is service connected. I then had a VA audiologist exam, and she told me that she cannot put connection to service into her notes, but noted it as "long standing". A C&P audiologist overrides all that, discounts both doctors opinions, and then misstates in writing what is in the written record, twice.

After reading all your input I've submitted my paperwork for a HLR. I think that there are a couple of glaring errors or misstatements by the reviewer. The primary argument for denial is based on information that they say happened during an examination, but the doctor's notes contradict this. I think the best way to correct this is by discussing the issue, hence the HLR. This still leaves open the Supplemental route, or BVA should all go badly. To those of you moving forward with further reviews, please let me know your experiences and I will do the same. Thank you.

Yes, I was referring to the HLR conference call, that is the path that was suggested and I don't quite know what to expect. Thanks.

GBArmy - yes, MOS is already conceded by VA, and I did provide a personal statement that described noise exposure. The reason I ask about the entry and exit hearing tests is that the VA is denying service connection, and in my mind this clearly shows hearing degradation and noise exposure which would lead to onset. I cannot get my head around the statement by the examiner that there was no shift in audiometric thresholds when it is clearly in my service medical record. I just don't know what to expect during the HLR, I hope it is a dialog so I can point out several factual errors stated in the denial. It appears that they misstated facts and then used that to reach a false conclusion, which frankly makes me look like I am lying even though the record is clear. I very much appreciate your comments and advice, thanks.

Trying to get information on a Higher Level Review after Supplemental was denied for tinnitus with what I think are errors in the denial letter. Specific questions about the HLR: Does the reviewer discuss issues, or just listen? How long would the interview last? Can I submit a statement along with the HLR Form to describe the specific items from my denial letter for discussion, or is it only verbal? Also, the difference in hearing between entry and separation exams is 15-20db, but the C&P examiner stated that no "shift in audiometric thresholds were reported". How can this be? I must be missing something. Thank you.

Here is part of the decision letter. There are several factual errors that I will discuss in a HLR, but I didn't copy them here. They deny service connection because it was not in my active duty records or reported within a year. Then they concede it occured because of my service, the bolded paragraph below under Favorable Findings. I'm confused. Service connection may be granted on a presumptive basis for tinnitus if this condition is manifested to a compensable degree (severe enough to be evaluated at least l0 percent disabling) within a certain period after military discharge. As the medical evidence fails to show a diagnosis of tinnitus within the time period specified under 38 CFR 3.307, service connection on a presumptive basis must be denied. (38 CFR 3.303, 38 CFR 3.307, 38 CFR 3.309) Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. (38 CFR 3.303) Service connection for tinnitus is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304) A claimant may file a supplemental claim by submitting or identifying new and relevant evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. Relevant evidence means evidence that tends to prove or disprove a matter at issue in a claim. (38 CPR 3.2501) In support of your claim, new and relevant evidence has been received and your claim is now reconsidered. Favorable Findings identified in this decision: The claimed disability is a chronic disease which may be presumptively linked to your military service. Tinnitus may be linked to service if diagnosed to a compensable level within a year of military discharge. You have been diagnosed with a disability. VA examination through contract medical services (QTC) on March 6, 2020 confirms a diagnosis of tinnitus. You have sufficient service to meet the minimum requirements for presumptive service connection. Your service dated October 4, 1968 to August 21, 1971 meets the minimum requirements for presumptive service connection. Your claimed issue became manifest to a degree of l0 percent or more following service. VA examination through contract medical services (QTC) on March 6, 2020 Confirms a diagnosis of tinnitus to at least l0 percent disabling. The evidence shows that a qualifying event, injury, or disease had its onset during your service. Your MOS as fire control maintenance for military service dated 10/4/1968 - 8/21/1971 4, 1968 is conceded as in-service military noise exposure. REFERENCES: Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans‘ Relief contains the regulations of the Department of Veterans Affairs which govem entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our website, www.va.gov. EIEI

Yes, tinnitus is what I filed for. C&P did full hearing workup, hearing within normal limits.We discussed when tinnitus started, I described having issues while on active duty, and apparently examiner granted existence of my tinnitus. But she denied service connection since I didn't complain during active service, and noted "no shift in audiometric thresholds were reported" . That statement is what I am questioning - how can they say that when service physicals clearly show hearing degradation during term of service? Several other factual errors in the denial letter that I will address, this one just doesn't make sense. Thanks.

Thank you for the information, I appreciate it. My hearing loss is not profound, in fact my hearing is within "normal" range, and I am not filing a claim for that. My claim is for tinnitus, which is constant and profound, and they are denying service connection. That is why I ask the question - how can the C&P say no hearing loss while on active duty when the entry and exit tests show it? I don't understand their rationale, the letter states that during active duty "no shift in audiometric thresholds" from my C&P examiner.

A question for anyone who is familiar with hearing tests - the difference in my hearing between entry physical and ETS physical has one left ear frequency reading of 5db loss, the rest for both ears are all 15 or 20 db loss, but all within "normal" hearing range. I am not claiming hearing disability. According to my denial letter, the C&P audiologist noted that "no shift in audiometric thresholds were reported" . How can they come to that conclusion when it is in my service records? My argument is that this indicates deterioration/hearing loss while active duty, they seem to disagree. What am I missing with this? Thanks!

The reason for denial seems to be that I didn't report my tinnitus while active, so it is not in my service records. Nobody did. When I was examined by a VA audiologist (not the C&P exam) she told me that she could not write that it occured while active duty (like she was instructed not to do that), but what she wrote was that it is a "long standing" issue that increased in the past year. What the reviewer wrote in denial was that I "reported onset 2 years ago", which I never said. A question for anyone who is familiar with hearing tests - the difference in my hearing between entry physical and ETS physical has one left ear frequency reading of 5db loss, the rest are all 15 or 20 db loss. The C&P audiologist noted that the "no shift in audiometric thresholds were reported" How can they come to that conclusion when it is in my service records? My argument is that this indicates deterioration/hearing loss while active duty, they seem to disagree. Thanks for all your input.

Thank you panmanx1, I appreciate you comments.

GBArmy - regarding your question about the 2 year statement, the doctors notes state the issue is "long standing", but has become worse in the past year. That is in my VA medical record. The examiner has no basis for stating that it started 2 years ago, it isn't true and it isn't in any of my medical records. Then he uses that as a supposed inconsistency with what I told the C&P examiner. which was that I had onset during my active service. To be graceful, the examiner mis-understood my records. The additional statement 4238 was suggested to clarify my issues with the decision, not to introduce additional evidence. I was planning on that being a very brief statement referencing existing evidence and apparent inconsistency between the evidence and the decision rationale, which was false. Thank you, I appreciate any additional advice.

Hi. My supplemental claim was denied based on lack of service connection, but the primary reason used for denial was a statement from the reviewer that I stated the issue started 2 years ago to the VA doctor. This is not true, and VA doctor notes state something else entirely. She wrote that it is a "longstanding issue" that has gotten worse in the past year. That's not exactly what I told the doc but I can't change doctors notes. I am planning on filing a 20-0966 for higher level review to talk with someone to dispute what was stated in my denial letter. I know no new evidence can be submitted which is fine, but I assume I can reference the existing evidence in my appeal? Also, my VSO wants me to fill out a separate statement on a form 20-4138, I don't want to keep stating the same things I have already written previously so I'm asking if you all have any suggestions on how to approach this? Thanks.

I'm in the process of putting a claim together. I've dealt with it (tinnitus) for years but has recently gotten worse. No medical records from service reflect this. I do not have hearing loss, just had a hearing test done by VA. Two docs I've talked to including the one who administered the hearing test say that is not unusual, tinnitus doesn't necessarily coincide with loss. Getting a letter from "buddies" is virtually impossible, we have all gone our own ways and have no contact. Do you think that a statement from others with the same MOS would be regarded the same as someone I personally served with? I really appreciate your comments, any help or pointing in the right direction is welcome. Hope to have a claim put together in the next month, have an appointment with a VSO coming up in a few weeks (those guys are hard to get to). ps - now back in California after 35 years in Colorado - go Broncos! Thanks again.

I was in 1968-71, served in a anti-aircraft artillery battery (Hawk Missile) as fire control mechanic, MOS 24F. Exposed to extremely loud noise for up to 24 hours at a stretch over the period of several years. Tinnitus now a big issue for me. I see the MOS exposure list, but the problem is my MOS was retired when Hawk was phased out so it doesn't show up on that list. It does show on other documents - http://ed-thelen.org/pics4/CC-MOS-MOS Noise Hazards.pdf but not on the official VA list. Is there any way to link retired MOS to the current MOS listing? Thanks!