This is what VA sent me...
DEPARTMENT OF VETERANS AFFAIRS:
Rating Decision
June 3, 2010
INTRODUCTION
The records reflect that you are a veteran of the Gulf War Era. You served in the Marine Corps from June 1995 to March 2008. You filed a claim for increased evaluation that was received on October 22, 2009. Based on a review of the evidence listed below, we have made the following decisions on your claim.
DECISION
1 . Service connection for traumatic brain injury (TB!) is denied.
2 . Service connection for hearing loss is denied.
3 - Service connection for tinnitus is denied.
EVIDENCE
• Hearing Examination. VA Medical Center dated March 6, 2010
• TB! Examination. VA Medical Center, dated March 29, 2010
We made a decision on your claim for service connected compensation received on December 9, 2009.
This letter tells you what we decided. It includes a copy of our rating decision that gives the evidence used and reasons for our decision. We have also included information about what to do if you disagree with our decision, and who to contact if you have questions or need assistance. <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">
What We Decided
We determined that the following conditions were not related to your military service, so service connection couldn’t be granted:
Traumatic brain injury (TBI)
We have enclosed a copy of your Rating Decision for your review. It provides a detailed explanation of our decision, the evidence considered, and the reasons for our decision. Your Rating Decision and this letter constitute our decision based on your claim received on December 9, 2009. It represents all claims we understood to be specifically made, implied, or inferred in that claim. <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">
What You Should Do If You Disagree With Our Decision
If you do not agree with our decision, you should write and tell us why. You have one year from the date of this letter to appeal the decision. The enclosed VA Form 4107, “Your Rights to Appeal Our Decision,” explains your right to appeal.
<B>DEPARTMENT OF VETERANS AFFAIRS <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break"></B>
Medical Description
Hearing loss
Tinnitus
Page 3
Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Service connection for traumatic brain injury (TBI) is denied at this time because their is no evidence in service of such an injury and you denied any such injury on both post deployment examinations, your initial VA examination and when seen at VA Medical Center. The recent examination for TBI purposes was essentially normal indicating either very mild or no actual TBI. When considered in total, the medical evidence of record fails to show that you experienced a TBI in service. <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">
2. Service connection for hearing loss.
Service connection may not be established for disability due to impaired hearing unless
the auditory threshold in any of the frequencies 500, 1000, 2000. 3000 or 4000 Hertz is
40 decibels or greater; or the auditory thresholds for at least three of the frequencies 500,
1000, 2000, 3000 or 4000 Hertz are 26 decibels or greater; or speech recognition scores
using the Maryland CNC Test are less than 94 percent. (38 CFR 3.3 85)
Your service treatment records note that you were exposed to loud noise in your work. Hearing examinations did not show any decibel losses which meet the criteria for a service connectable hearing loss for VA purposes.
Your hearing examination conducted March 6, 2010 at VA Medical Center. noted the following findings: Left ear with 96 percent speech discrimination. Decibel (dB) loss at the puretone threshold of 500 Hertz (Hz) is 10, with a 10 dB loss at 1000 Hz, a 10 dB loss at 2000 Hz, a 10 dB loss at 3000 Hz, and a 5 dB loss at 4000 Hz. The average decibel loss is 9 in the left ear. These findings do not meet the criteria for a service connectable hearing loss. The right ear shows the percent of speech discrimination is 100. Decibel loss (dB) at 500 is 10 Hz; with a 5 dB loss at 1000, a 10 dB loss at 2000, a 10 dB loss at 3000, and a 0 dB loss at 4000. The average decibel loss for the right ear is 6. These findings also do not meet the criteria for a service connectable hearing loss.
In this case, the evidence of record does not show audiometric findings which meet the criteria for a grant of service connection for defective hearing. <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">
3. Service connection for tinnitus.
To establish service connection there must be medical evidence of a current diagnosis and residuals of the condition claimed. There must also be evidence establishing a relationship between the current condition and your period of active duty. It is not sufficient to show that you sustained an injury or were treated for a condition in service. There must be medical evidence showing current residuals of that disease or injury.
• Orthopedic examination, Medical Group, dated March 5. 2010 (This Exam was not even for a TBI, it was for my back)
• Letters to you dated November 3, 2009 and December 30, 2009, advising you what information and evidence is needed and requesting any information or evidence you have or are aware of in support of your claim.
• Statements from you through February 15, 201 0
• Service personnel and treatment records from, 1994 through 2008
• Examination. Camp Lejeune Clinic, scheduled January 31, 2008
• Treatment records. VA Medical Center, from July 2, 2008 through April 21, 2010
REASONS FOR DECISION
1. Service connection for traumatic brain injury (TBI).
To establish service connection there must be medical evidence of a current diagnosis and residuals of the condition claimed. There must also be evidence establishing a relationship between the current condition and your period of active duty. It is not sufficient to show that you sustained an injury or were treated for a condition in service. There must be medical evidence showing current residuals of that disease or injury.
A review of your service treatment records finds no report, complaint, symptoms. treatment or diagnosis of a traumatic brain injury. Both post deployment evaluations are negative for any history or complaints of TB!. At the examination conducted January 31, 2008, you stated that you had been on three convoys, two of which were uneventful. On the third, your vehicle was struck in the rear by a small RPG and that no one in the vehicle was aware it was hit until after you returned to base. It was that event you stated which was the basis for your Combat Action Ribbon. At your recent VA examination March 29, 2010, you stated you were a passenger in a Humvee when an RPG hit the driver1s side. but only caused a dent and did not penetrate. You stated you were disoriented for a few seconds. You stated you developed problems with your memory after that. A review of your treatment records from VA Medical Center. Loma Linda notes that when initially seen in 2008, you denied experiencing any TBI related event during your deployment. Subsequently, after reading an article on TBI. you requested a TB! examination.
The VA examiner noted your medical history and complaints of headaches which began in 2008, occurring once a day and lasting 5-10 minutes. You also complained of dizziness sometimes when you start to stand up and difficulty concentrating. The examiner described your memory, concentration, social interaction, orientation, motor activity, visual spatial orientation, communication and neurobehavioral effects all being normal. While noting your subjective complaints of headaches and dizziness, the examiner observed that they do not interfere with work or other activities. The examiner noted that you are employed full time and have not lost any time from work due to the symptoms you describe as related to a possible TBI. <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">
Page 4
Your service treatment records do not contain any complaints, treatment or diagnosis of tinnitus. The records do show that you were exposed to noises and were counseled on hearing conservation. VA treatment records note your complaint of tinnitus; however, when tested. tinnitus could not be confirmed.
The VA examiner noted your medical history of gradual onset of tilmitus over the past 4- 5 years and complaints of tinnitus in the left ear, occurring 5-6 times a day and usually lasting for just a few seconds. Examination of your ears was unremarkable. Acoustic immittance testing indicated normal inner ear pressure and mobility. Acoustic reflexes were present. Hearing was essentially normal and word recognition was considered to be excellent. Based on the result of your examination, the examiner was unable to diagnose tinnitus.
In the absence of a confirmed diagnosis of tinnitus related to your period of service, service connection cannot be granted at this time. <BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">
REFERENCES:
Title 38 of the Code of Federal Regulations. Pensions. Bonuses and Veterans’ Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations. please consult your local library, or visit us at our web site. www.va.gov.