tinnitus Va C And P Claim For Tinnitus

[ken1939]

I filed for hearing loss and Tinnitus in 2002. I was denied twice. The claim is due to go back to BVA in about a month. I have a statement from a civilian ENT doc saying "it is as likely as not my current condition results from noise exposure in the service." According to the Va the hearing loss is not bad enough but after doing some research on Tinnitus it looks like I might have a chance there. The VA C & P audiologist says I "have a moderate high-frequency hearing loss", bilaterally. She goes on to say "In my clinical opinion, it is at least as likely as not that the veteran's hearing loss was caused/aggravated by his noise exposure while in service. Moreover, it is also my opinion that the etiology of the Tinnitus may stem from the same casual factor." The last part regarding Tinnitus isn't quite as sure as the hearing loss but looks like it could be favorable to me. I was in the USMC from 1958 til 1962. I was a crew chief on a HR2S1, a helicopter with 2 roaring R2800 engines driving a screaming main transmission that was absolutely deafening. And, of course, there was that annual rifle range thing. There was no hearing protection in those days.

There is no military service medical evidence showing hearing loss or Tinnitus. There is no nexus to connect my current condition to my service tour of duty. The Tinnitus didn't start until 2002. All I have is the above stated reports. Are there any suggestions on how I should present my case to BVA? The info from the civilian doc was present when they denied me before but the report from the VA C&P audiologist is new. Any help is greatly appreciated. Ken1939

[Berta]

"Are there any suggestions on how I should present my case to BVA? The info from the civilian

The info from the civilian doc was present when they denied me before but the report from the VA C&P audiologist is new. Any help is greatly appreciated. Ken1939 "

BVA? I dont think this case should go there-

1. Did you get a VCAA letter?

2. did you comply with that the VA said they specifically need?

3. Did they give you a potential EED and rating for either the hearing or the tiniitus or both?

(that is the Dingess Hartman facet of the VCAA)

4. How have they considered the new C & P exam report?

5.are you saying they sent you probably the BVA transfer letter without considering this C & P report?

6. You hearing loss is certainly attributable to your MOS-

how did the VA provide medical rationale as to why it was not?

7. Did the civilian ENT fully opine with the criteria here under "Getting an Independent Medical opinion?"

8. What basis did the VA use to rebutt or reject this IMO from the private ENT? Did they specifically refer to it in the narrative (it doesnt matter if they listed it as evidence-they must refer to it in the decision )

9. Do you have a service officer?

10. can you scan the decision and attach it here (cover the personal info with something before you scan.?

11. are they saying -with medical support-and rationale- in the decision that it is due to service but not at a ratable level? (the hearing loss)

12. do the decibel charts from the private ENT conflict with VA's charts?

[Berta]

wait-hold that phone-

I had to reconnoiter here Marine.

It is going BACK to the BVA-this is a remand? WAs the remand due to violation of the VCAA and if so, have you gotten a real VCAA letter and election notice?

If so can you give us the citation and decision numbers-

BVA decisions are public and we can read it and see what is what----

Welcome Aboard MARINE!

Edited July 16, 2007 by Berta

[ken1939]

wait-hold that phone-

I had to reconnoiter here Marine.

It is going BACK to the BVA-this is a remand? WAs the remand due to violation of the VCAA and if so, have you gotten a real VCAA letter and election notice?

If so can you give us the citation and decision numbers-

BVA decisions are public and we can read it and see what is what----

Welcome Aboard MARINE!

[ken1939]

Thanks. I took a short cut because I thought my only question was about the hearing and Tinnitus. Here is the whole skinny: In 2002 I filed one application for disability compensation for 1) Tinnitus; 2) hearing loss and 3) Cervical Disc Syndrome - neck and lower back injury. The neck and back injury from an auto accident in 1961 which is documented in my Military medical records.

On 4/25/03 my claim was denied by the RO. They had apparently lost the info I sent them in my reply to a "duty to assist letter" and denied all three claims on the basis there was no evidence in file. I submitted a "Notice of Disagreement" and again mailed the information they had requested.

On 11/25/03 I was again denied on all three counts. My hearing was within normal limits for VA purpose. For the Tinnitus the record failed to show service connection and for the back injury the evidence failed to show a medical nexus between the in-service injury and today's condition. I filed an appeal to the BVA on 4/2/04.

On 5/3/06 The BVA remanded the case to the RO mainly asking that they schedule C&P exams for all three disabilities. On 6/6/06 a letter from DVA said the AMC rather than the RO would develop the appeal. Along with this came a VCAA notice which I answered by requesting more time. On 8/22/06 I sent more information. The C&P exams were conducted last fall.

On 6/14/07 I received a supplemental SOC referencing the C&P exam for the back condition. They again denied the claim for the back injury but gave me 60 days to provide more evidence before the case goes back to BVA. I have gathered about 30 new documents in support of my back claim. I have already sent most of this in via certified mail and I am ready to summerize all of it and send in the last 3 or 4 documents.

I figured I should address the hearing and Tinnitus while I am at it. I am assuming the AMC has the C&P audiology report. I got my copy from the VA medical center. All I have is this report and the private ENT doc's medical report and statement. This is where I am. My plan was to try and make my case on a Statement in Support of Claim hopefully with the right magical words to at least get a favorable ruling on the Tinnitus. I have been trying for over a year to get the American Legion to help me and have gotten nowhere. Sorry this is so long but no short cuts this time. Thank you.

ken1939