ptsd Question On Tinnitus & Hearing Loss

[jessejames]

I helped a friend (nam combat infantryman) file a claim on 1-29-07 for tinnitus. he was a cat 8 vet with NO access to VA healthcare and needed access because he has several problems which cost him dearly for medications. he was approved for 10% (maximum for tinnitus) on 10-29-07 and has gotten his private medications now being filled by the va for the co-pay. I had been trying to get him to file a claim for ptsd for some time as he does have ptsd, but he just didn't want the va hassle. i finally convinced him and we have filed for ptsd now. my question is, when i finally read the c&p exam report today for the Tinnitus, it stated: Chief Complaint; Poor speech understanding AND tinnitus. his c&p report stated the poor speech reception was from moderately severe hearing loss. today i filed a claim quoting this c&p report on the chief complaint and the fact that the hearing loss was confirmed. i asked that either the hearing loss be service-connected secondary to tinnitus or based on noise exposure as a combat infantryman in nam. i also asked that the effective date for hearing loss service connection be the original date of claim since the c&p report contained his complaint of hearing loss and should be considered at the least an informal claim, in my opinion. is there not a rule somewhere that the va has to consider all related conditions found on c&p examinations...and that the claimant be notified???

[Ron II]

... is there not a rule somewhere that the va has to consider all related conditions found on c&p examinations...and that the claimant be notified???...

From M21-1, Part VI "Rating Board Procedures":

3.09 ISSUE

a. General. Clearly state all issues of entitlement identified by the claimant, or those which can be reasonably inferred from the facts or circumstances of the claim. If there is more than one issue, list the issues by number. In RBA, the issues appear under the identifier “ISSUE.” In RBA 2000, the issues appear under the identifier “DECISION.”

b. Compensation Ratings. Consider all claimed disabilities in the rating decision. Also consider all chronic disabilities found in the service records even if they were not claimed. This is to be done on the original rating, or subsequently in cases where additional service medical records are received following an initial rating decision. Do not consider any of the following conditions unless specifically claimed:

(1) Acute and transitory disorders without residual disability;

(2) Noncompensable residual disability from venereal disease;

(3) Disabilities noted only on an induction examination, or disorders recorded by history only;

(4) Disabilities found by authorization not to have been incurred "in line of duty" (see pt. IV, par. 11.03); and

(5) Clinical findings such as cholesterol or blood sugar levels that are not generally recognized as "disabilities" or subject to service connection.

3.10 INFERRED ISSUES AND ANCILLARY BENEFITS

An issue is sometimes derived from the consideration or outcome of a related issue. The issue, decision and reasons and bases sections of the rating must explicitly address these inferred issues. Often the primary and inferred issues share the same fact-pattern, as when a psychosis is being evaluated and competency is confirmed. In such instances, the inferred issue may be incorporated in the same issue,

[Berta]

I am not sure on any rule- others will know-

I think a vet is not really supposed to bring up any problems that the C & P doesnt call for- STill-the tinnitus C & P drew out this vet's hearing loss problem-

--- good for you----

speech is often affected by hearing loss-

and with his MOS they should certainly give him a complete audio exam on the loss and SC it-

you did raise this EED issue quite well- let's see what EED they give him for the hearing loss.

He should make sure he gets copies of any audio decibel results etc.

To make sure that the VA interprets them correctly.

[Jim MAC]

I don't know as much as I schould about the VA, Thats why I come to Hadit. I due know that mine was the opposite. I clamined high frequencey hearing loss. The C+P doctor from QC said that my hearing loss was not the bad but I had Tinnitus ( she asked me a few questions.) SO I was disaproved for hearing loss but aproved for Tinnitus without even putting in a claim for Tinnitus

V/ B) R

Jim