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.

[Stretch]

I left San Diego Boot in Dec., 1967. There were always a couple of DD's with us where ever we went. They would pick up our guys that got blown off the flight deck some times.

I know that the DoD will never mention ships that were involved anywhere around Cuba, Puerto Rico, or Vieques Island, except for an LST and a Marine detachment on the island. More than half of Vieques Island has Cancer. Depleted Uranium was also fired there. The DoD has said that they went through the mine fields and picked up every little piece.

Look up Vieques Island in Google and see what a problem that our government has with this small island and Navy Target Range.

You need to do a little research. Go to

http://www1.va.gov/shad/

You will find that most of the links don't work or are out dated. You need to find DTC 69-10, if they haven't hidden all the information that they had at this site. There were other test, but this was the only one that was recognized and minimized in the area. DoD states that test were done in the North Atlantic, and that is all you get from the Pacific.

[Ricky]

Stretch is right - DoD will hide anything they can. I was at Camp Doha Kuwait when the 11th ACR accidently blew the place up. 100's of DU 155 rounds along with M1 tanks blown up. We had to continue to live there while we cleaned it up. Now the Army says DU exposure was so small it is no problem. All of my GW1 claims have been denied because of this stance by the army and Dod.

[68mustang]

Thanks Ricky and Stretch.

DoD does hide a lot of things. One of the things that DoD has refused to talk about is about asbestos being present on old Navy ships. The old Navy ships were infested all over with asbestos. I have sent letters to the Navy and VA to see if a register , such as the one for agent orange, could be started for asbestos exposure. The reply that I received from them was that asbestos exposure did not qualify for a register. When I asked if there was a program to notify veterans of possible asbestos exposure I was told that it would cost too much money. Plus I was told that if I had an asbestos related illness that I should file a VA claim. The issue was to create an asbestos register or notify veterans about asbestos exposure and both the VA and Navy ignored what I had initially asked about. There have been decisions made for asbestos exposure denying the veterans' claim because the veteran did not complain about an illness during their enlistment or immediately after enlistment. Asbestos exposure related illnesses sometimes take years and in some cases decades before they show up.

The veterans' lawsuit that was filed this week is a good thing, but there are so many other veterans who could benefit from a lawsuit such as that one. What is happening to current veterans is only the tip of the iceberg. The neglect and disrespect shown to veterans has been going on for too many years.

68mustang

[68mustang]

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

My hearing loss claim was denied in 1989 and I did appeal it all the way to the U.S. Court of Veterans Appeals where it was also denied. I refiled a VA claim for tinnitus on April 2007 and I provided the VA with a copy of the hearing test results conducted by my audiologist. The results showed that the tinnitus was caused by exposure to military occupation noise. I also provided buddy statements from fellow shipmates and from my family members. The VA sent me to QTC in July 2007 for a hearing exam, that also concluded that the tinnitus was caused by my military occupations. I received a letter from the VA on Aug. 02, 2007 granting me service connection for bilateral tinnitus 10%. I am thankful that a quick decision was made, but is there a way that the effective date can be made retroactive to the date that I originally back in 1989 instead of April 30, 2007? Thanks.

68mustang

[Ricky]

Only if you can find a reason for cue. What was the bases for the original denial? Hopefully it did not revolve around an interp of medical evidence.

[68mustang]

Only if you can find a reason for cue. What was the bases for the original denial? Hopefully it did not revolve around an interp of medical evidence.

The basis for the denial was that there was no evidence of a hearing loss at the time of discharge according to the VA. The VA acknowledged that I had worked in noisy military occupations, but did not take that into consideration. There was a whisper test but no audiometric hearing test and whisper tests are not good indicators of hearing problems. This time when I refile my VA claim I again stated that my military occupations were noisy and the VA took it into consideration. Thanks.

68mustang