Anyone Ever Heard Of This

[stillhere]

When I got out of the service at my muster pysical I flunked the whisper test and they wanted to keep me a couple more days so they could run some test OR I could sign a waiver (not sure what it said) but I signed it cause I was 22 years old and just wanted to go home. Anyhow my hearing really started going south and in 83 I filed a claim at the VA just looking to get some help of some kind aid or something. Well the VA denied the claim in one line saying hearing is not service connected.

I am service connected now at 70% and get my aids and all from the VA BUT I am still not service connected, should I even try to see if they will look at this again?

Stillhere

[john999]

Is there anything at all in your SMR's about the whisper test. What was your MOS? You could base a claim on being around jet engines etc. The thing is that years have passed and the VA is going to try and say age is the factor, but I know it can be done.

[sixthscents]

Age will be a factor, but you can win this because I have several times with other claims. I am assuming the "whisper" test is the audiology spoken word test ... where the said words and asked you to repeat them.

In any case, while loss of hearing is a compensable factor... it is hard to get. You have to be clear that you have not been working in noise risk occupations, or if so you have consistently complied with OSHA regulations, (a letter from the employer if possible is a good thing)....

The Va's statement that hearing was not service connected... probably meant that YOUR hearing claim was not service connected... i.e. you did not provide a "nexus" or cause for the hearing loss.

I would get a new hering test done, and resubmit the claim with the new test, as new and material evidence along with details about your service history that could have caused this hearing loss. For example working on jets, or working in a shop with loud air exchangers - use of constuction equipment, operation of tanks etc....

Remember you must first

1. Provide a diagnosis of the injury or illness

2. show a service coinnection or nexus

3. file for the correct injury

Also, I doubt the waiver or whatever would even come into play... I dont even think the VA would recognize such a document as having any bearing. Probably was done just so you could not seek retirement or something.

Edited October 2, 2007 by sixthscents

[stillhere]

thanks for the suggestions and I might give it a shot but I want to wait untill my claim for increase is decided and then get a copy of my c file and service medical records.

The thing that gets me if they had me sign a waiver then it is documented that it occured while I was in service just that I was stupid/naive enough to sign and let them off the hook. Regardless on what I was doing after service the damage was done BEFORE I got out.

Stillhere

quote name='sixthscents' date='Oct 2 2007, 03:51 PM' post='63316']

Age will be a factor, but you can win this bexause I have several times. I am assuming the "whisper" test is the audiology spoken word test ... where the said words and asked you to repeat them.

In any case, while loss of hearing is a compensable factor... it is hard to get. You have to be clear that you have not been working in a noise risk occupations, or if so you have consistently complied with OSHA regulations, (a letter from the employer if possible is a good thing)....

The Va's atetement that hearing was not service connected... probably meant that YOUR hearing claim was not service connected... i.e. you did not provide a "nexus" or cause for the hearing loss.

I would get a new hering test done, and resubmit the claim with the new test, as new and material evidence along with details about your service history that could have caused this hearing loss. For example working on jets, or working in a shop with loud air exchangers - use of constuction equipment, operation of tanks etc....

Remember you must first

1. Provide a diagnosis of the injury or illness

2. show a service coinnection or nexus

3. file for the correct injury

[sixthscents]

HA... I didn't even consider the fact that a waiver is an admission of service connection ... otherwise why HAVE the waiver. Your dead on man... wait and see, then file. I have never seen a waiver on discharge affect a claim... and I have bumped into a couple, but it was always the Army actually trying to cover their a** if the servicemember tried to do a correction to military records and get a retirement.

I dont think you will have a problem with the VA.. but darn good point on the service connection... darn good.

[Pete53]

I had to sign a waiver on hearing to get out on time. What kind of choice is that when you are short?

[68mustang]

When I got out of the service at my muster pysical I flunked the whisper test and they wanted to keep me a couple more days so they could run some test OR I could sign a waiver (not sure what it said) but I signed it cause I was 22 years old and just wanted to go home. Anyhow my hearing really started going south and in 83 I filed a claim at the VA just looking to get some help of some kind aid or something. Well the VA denied the claim in one line saying hearing is not service connected.

I am service connected now at 70% and get my aids and all from the VA BUT I am still not service connected, should I even try to see if they will look at this again?

Stillhere

Just to let you know that when I went for my Navy separation physical exam I was also given a whisper test. I was not told whether I failed or passed the test. However I was told that if I did not sign a particular notation on the exam that I would have to wait several months to be separated. I was being given an early out due to reduction in troops and I too did not want to wait. I had to sign that I had been made aware of the provisions of BUMED INSTRUCTION 6120.6D.

I filed a hearing loss claim back in 1989 and it was turned down. I refiled again this year because someone made me aware that if had ringing in the ears (tinnitus) I should file for that. The tinnitus that I have started many years before 1989.

When I refiled this year the certified audiologist that I went to stated in the report that the tinnitus that I have was caused by my military occupations (Boiler Technician and Engineman). Those two jobs are indentified as having hazardous noise exposure.

When I refiled for tinnitus I included the following information with the claim:

1. Audiologist report

2.Job history prior to enlistment and after enlistment.

3. Buddy statements from two fellow shipmates who provided details as to the hazardous noise that our military jobs exposed us to.

4. Statements from my wife and son detailing the problems they noticed I have with my hearing.

5. Copies of the military occupation job descriptions.

I was also sent by the VA for a hearing exam with QTC (a contractor that does medical exams for the VA). QTC also noted that I had tinnitus so that was provided to the VA. I was finally rated 10% not long ago.

I was also exposed to asbestos, but thankfully no diseases have been detected.

68mustang