tinnitus Lack Of Evidence For Va Claim

[68mustang]

I filed a VA claim for hearing loss around 1989. The claim was denied all the way to the top. The reason for denial was the lack of proof in my medical files. I had a an audiometric hearing exam at my enlistment, but only had a whisper test at my end of enlistment exam. I was in the Navy from 1967-1971 and worked as boilerman and engineman. Both jobs subjected me to loud noise more so in the boilerman job. There was no hearing conservation program plus there were no hearing protection items to be used. In my VA claim I brought out the fact that my lack of evidence was not through my fault. I stated that the Navy did not provide proper hearing protection or audiometric testing during my service time or at the end of my enlistment. Like I said my claim was denied.

I have now filed another VA claim for tinnitus, which I should have done in 1989. I have had ringing in my ears since the 1980's. My audiologist stated that the tinnitus came from the noise that I endured in my Navy jobs. My job history since I got out of the Navy have been office type jobs, which did not have loud noise. I am afraid that the new VA claim will again be denied due to the lack of evidence from when I was in the Navy. Anyone have any ideas how I can state that the whisper test is not reliable and considering the type of noise I was subjected to, that an audiometeric

should have been used? I know that it will be an uphill battle, but any help anyone could provide would be welomed. Thanks.

[Vike17]

68mustang,

Since your claim for hearing loss was previuosly denied and you didn't appeal it, you'll need "new and material' evidence to re-open that claim. This means that you need evidence that the VA was previuosly unaware of at the time of their prior decision AND evidence that bears directly on the fact of why the claim was previuosly denied.

Your best bet is to get an audiologist to put in writing that your current hearing loss and tinnitus are "at least as likely as not' the result of your noise exposure while on active duty. The audiologist will need to review your complete medical records (SMR's and private treatment records since discharge) and provide a full rational as to why they have come to such a conclusion. Once you can obtain this statement/IMO, you can use it to re-open your claim for hearing loss and as evidence of a secondary condition to your hearing loss.

Vike 17

[68mustang]

Vike17,

Thanks for the response. The audiologist that did my recent test stated that more likely than not my tinnitus was caused while in the military. The VA claim paperwork has been sent and it is a matter of waiting for the VA to respond.

68mustang

[carlie]

68mustang,

You posted your claim was denied "all the way to the top". Please tell us what all the way to the top

was for your claim.

carlie

[68mustang]

Carlie,

Sorry. I should have explained that it went all the way to the U.S. Court of Veterans Appeals.Thanks.

68mustang

[Stretch]

Disclaimer: I don't mean this to single out any organization or Gov. I only mean it to point out the facts.

I worked three years directly with Jets, while launch and recovery. Jet engines noise levels are louder that arty, a fact. This was work, around jets, for many hours a day on the flight deck, aboard ship, and on land.

My tinnitus was so bad when I got out I could hardly hear at all. If I didn't hear the person talking to me, then I would just act like I didn't understand the question (Dumb). VA has continued to deny my tinnitus. My claim is going to another BVA video-conference very soon.

Army guys working for the DAV didn't even know what a flight deck or boiler room was then or now. These guys don't even know what an NEC is. Ask your VSO if he knows what an NEC is. If he does not know what an NEC (Naval Enlistment Classification Record) is, then dump him and get another VSO or Lawyer.

I am a SHAD Vet, and here is part of my NEC record. You can see that my NEC was altered and pre-dated during one of the SHAD test (White Out and written over). My congressman Boozman, for whom I will be forever grateful, noticed this altered document. See Deseret Test DTC-69-10. USS Saratoga, was in the Virgin Islands (Vieques Island) May 1969. Yet the DoD, alters records to keep servicemen and servicewomen from filing claims. It has taken me 35 years, in my mental illness, to help myself.

As my record was altered, so was I. BTW, my plane captain, May 1969, NEC bled through the back side of the NEC page. You might have to really dig to get at the truth.

This was the date that my NEC was actually altered. The significant date of alteration, Dec 1969, was just after Nixon made a declaration, Nov. 27 1969, that we would not use CBW on another nation. He did not say that he wouldn't use it on us, so it had to be covered up.

Point being, that if you think the DoD is going to give you evidence, for any claims, understand that they don't play fair at all. Now if the Dod, VA, and VSO's are not going to help, with the exception of Hadit VSO's, you have to dig everything up yourself somehow.

Edited July 24, 2007 by Stretch

[68mustang]

Stretch,

Thank you for your input. I notice that you were in Vieques and Virgin Islands in 1969.

I was there probably at around the same time. I was on board the USS Keppler DD765.

At Vieques if I remember correctly we test fired our 5 inch guns. Then we had liberty in St. Croix, Virgin Islands. I noticed that you are a Shad veteran when were you exposed to tests that were done? As far as I can determine my ship was not used in those test. But in Great Lakes boot camp (Aug 1967- Nov 1967)I was administered a test vaccine that I supposedly volunteered for. I was never asked to volunteer and did not find out about the vaccine until I receive my medical records for my VA claim.

68mustang