tinnitus 38 Cfr 3.155

[carlie]

Does this (from a 1978 C&P) qualify as an informal claim for Tinnitus ?

I think it does but have been beaten down so much I question my-self.

Also, FYI, the Parafon Forte was RX'd for Neck & Back pain with and Muscle Spasms --

Parafon Forte is not used as an anti-depressant.

carlie

516 /136B:jmb

VA AMBULATORY CARE CLINIC

St. Petersburg, Fla.

October 5, 1978

SPECIAL EAR EXAMINATION

HISTORY: Hearing loss and otitis media which this veteran developed in February 1978 as shown by ear ache and pain, but no drainage from the ear. She was an Army Radar repair worker who was exposed to loud noisy atmosphere she alleges as well as on the rifle range and PA systems which she repaired, also fired guns in training - M-l6s and so forth, producing hearing loss. Early com­plaints of dizziness and concussion she was subjected to and ringing in the ears and noise in the ears; also for the concussions. She is taking medication in the form of Parafon Forte, is an antidepressant.

EXAMINATION: Reveals clear ear canals, normal drums, no perforation scars or

drainage seen. The drums are healthy looking. Weber is negative. All k tuning forks are heard bilaterally. The Rinne is: RBC=l6, RAC=35, LBC=15,

DIAGNOSIS: 1) Tinnitus alleged.

2) Right ear hearing normal.

3) Left ear hearing normal.

*») Otitis media, not confirmed this examination.

ERNEST F. KISH, M. D.

Edited August 29, 2007 by carlie

[free_spirit_etc]

Yep. I would think it was. So if they failed to adjudicate the claim - isn't that one of those special type of CUE situations where they have to decide

1. Whether the claim was adjudicated?

2. If not - then it has to be adjudicated based on the additional evidence as well as the evidence in the file at the time the claim was made.

And that ruling that states that when a claim is denied - it applies to all claims raised, whether they were addressed or not - would that even apply - is this was filed before that ruling?

So maybe the BVA decision helps you in that - because they determined you did not file an informal claim. To me if you filed ANY kind of claim - and the tinnitua was reasonably raised in the evidence - it would be an informal claim for tinnitus.

Free

Isn't this interesting - tinnitus can be caused by SEVERAL things you have claimed - including head and neck injuries and cardiovascular disease - as well as ear problems.

http://www.stronghealth.com/services/child...ns/Tinnitus.cfm

Symptoms of TinnitusThe symptoms of tinnitus can vary widely from one person to the next. It can affect one or both ears or be perceived as noise “inside the head.” People who suffer from tinnitus describe the noise as ringing, buzzing, humming, hissing, roaring, whistling, chirping, clicking, and other sounds. back to topCauses of TinnitusTinnitus is not a disease. It’s a symptom that can be caused by a number of medical conditions. These include:· Ear injuries · Circulatory system problems· Noise-induced hearing loss - Prolonged exposure to loud noise is the most common source of persistent tinnitus · Wax build-up in the ear canal - Excess earwax can compromise hearing and make tinnitus seem louder. If your child produces a lot of earwax, ask an audiologist or doctor about having it removed safely by a health professional. Attempts to remove earwax yourself with cotton swabs or other objects can make the condition worse and cause additional damage· Ototoxic medications - Certain medications may produce tinnitus as a side effect. Before giving any medication to your child, make sure that your prescribing physician is aware of his or her tinnitus· Ear or sinus infections - Many children experience tinnitus along with an ear or sinus infection. Usually, the symptoms gradually go away as the infection heals· Jaw misalignment - Misaligned jaw joints - Termed temporomandibular jaw syndrome (TMJ) – can induce tinnitus along with a number of other problems. Dentists who specialize in this condition can provide treatment· Cardiovascular disease - A small percentage of tinnitus patients experience rhythmic pulsing sounds, often in time with their heartbeat. This form of tinnitus can result from vascular conditions, such as heart murmurs, hypertension, or hardening of the arteries· Head and neck trauma· Ménière's disease - The result of increased pressure in the inner ear, Ménière’s disease may also cause deafness and vertigo · Otosclerosis - Characterized by the abnormal growth of bone of the middle ear, otosclerosis prevents structures within the ear from working properly and can cause tinnitus, hearing loss, dizziness, and balance problems· Tumors - In rare cases, benign, slow-growing tumors on auditory, vestibular, or facial nerves can cause tinnitus as well as deafness, facial paralysis, and balance problemsback to topTypes of TinnitusThere are three main types of tinnitus:· Spontaneous tinnitus begins suddenly and goes away in a matter of seconds· Subjective tinnitus can be heard only by the person affected by the disorder· Objective tinnitus can be heard by other people as well as the affected person

Does this (from a 1978 C&P) qualify as an informal claim for Tinnitus ?

I think it does but have been beaten down so much I question my-self.

Also, FYI, the Parafon Forte was RX'd for Neck & Back pain with and Muscle Spasms --

Parafon Forte is not used as an anti-depressant.

carlie

516 /136B:jmb

VA AMBULATORY CARE CLINIC

St. Petersburg, Fla.

October 5, 1978

SPECIAL EAR EXAMINATION

HISTORY: Hearing loss and otitis media which this veteran developed in February 1978 as shown by ear ache and pain, but no drainage from the ear. She was an Army Radar repair worker who was exposed to loud noisy atmosphere she alleges as well as on the rifle range and PA systems which she repaired, also fired guns in training - M-l6s and so forth, producing hearing loss. Early com­plaints of dizziness and concussion she was subjected to and ringing in the ears and noise in the ears; also for the concussions. She is taking medication in the form of Parafon Forte, is an antidepressant.

EXAMINATION: Reveals clear ear canals, normal drums, no perforation scars or

drainage seen. The drums are healthy looking. Weber is negative. All k tuning forks are heard bilaterally. The Rinne is: RBC=l6, RAC=35, LBC=15,

DIAGNOSIS: 1) Tinnitus alleged.

2) Right ear hearing normal.

3) Left ear hearing normal.

*») Otitis media, not confirmed this examination.

ERNEST F. KISH, M. D.

[free_spirit_etc]

Yep.

Why is Parafon Forte DSC prescribed?

Parafon Forte DSC is prescribed, along with rest and physical therapy, for the relief of discomfort associated with severe, painful muscle spasms.

Hey! Maybe you should whack the adjudicator in the head with a metal pole and drop a bunk on their head and see if their neck hurts or if they get buzzing in their ears.

That way - they could get a first hand experience of whether your reports of pain are "credible."

Free

Also, FYI, the Parafon Forte was RX'd for Neck & Back pain with and Muscle Spasms --

Parafon Forte is not used as an anti-depressant.

carlie

516 /136B:jmb

[free_spirit_etc]

BVA says:

"There is nothing in any of the numerous statements she

submitted prior to January 19, 2001 that expresses any intent

to claim entitlement to service connection for tinnitus. See

Crawford v. Brown, 5 Vet. App. 33, 35 (1993) (in order to

constitute an informal claim under 38 C.F.R. § 3.155(a), the

document must identify the benefit being sought)."

I am assuming you identified the benefit being sought - I don't think 38 C.F.R. § 3.155(a)dictates that you have to specifically state your diagnosis to seek that benefit.

You sought a benefit for hearing problems - tinnitus was reasonbly raised by the evidence as an ear problem.

And again - as they played their card and stated their reasoning - you can argue as to whether they improperly applied the law to your case.

The case I posted on another thread - and i am sure there are other cases would probably be a strong argument that the veteran is not required to diagnose themselves to identify the benfits sought.

Free

[carlie]

Tinnitus could come from the multiple head injuries or from the ear problems or acoustic trauma, which-ever the case Tinnitus is in the original C&P report. In my SMR's it shows complaints of ringing in the ears. Is this C&P applicable to cover a claim for Tinnitus under 3.155 (a) ?

carlie

[Ricky]

Is Vike still around?

[free_spirit_etc]

Carlie,

I am not sure on this one. I would think it would be more of an unadjudicated claim. I am assuming if you had a C&P exam - that you already had a formal claim going. So I would think that if the C&P exam showed something else, besides what you claimed, existed - and the SMRs showed the same thing - that it would be a claim reasonably raised by the record, more than an informal claim. If you had a claim for all benefits to which you are entitled, then something that came up in the C&P should be adjudicated - but that is just my opinion.

After getting my husband's C&P exams I was appalled to see how many service related issues came up in the C&P's - even with the examiner STATING that the problem with x was diagnosed in the service -- (like when my husband claimed for headache and the VA doc said it was his chronic sinutitis - diagnosed in service - that was the problem- the VA - in my mind should have granted SC for chronic sinutitis at that point).

In your case - I would think the same thing. You claimed for those symptoms - you just didn't call it whatever it was.

But I don't know for sure.

One reason is - wouldn't they go back to the 1978 standards in deciding that? According to the standards that were in effect in 1978 - how was the case handled?

I was thinking for a retro claim - the standards applied would be those in effect in 1978.

Can you get ahold of the 1978 regs?

I have read a few BVA cases where the person was denied - but then the BVA decided because of the rules way back - the vet qualified.

free

Tinnitus could come from the multiple head injuries or from the ear problems or acoustic trauma, which-ever the case Tinnitus is in the original C&P report. In my SMR's it shows complaints of ringing in the ears. Is this C&P applicable to cover a claim for Tinnitus under 3.155 (a) ?

carlie