ptsd Hearing C&p Question

[Jim 501st]

My hearing was good in both ears when I joined the service. ( hearing exam verified)

I had a significant loss in my left ear on my final exam. I have been buying my own hearing aides from 1985- 2004.

I didn't know I had hearing loss in my left ear until 2005 when I got a copy of my service records.

I have received two sets of hearing aides from the VA since 2005 after becoming 50% for ptsd.

I filed a claim and was sent for a c&p a few weeks ago.

The results were right ear Average 51.25 puretone, speech recognition 72.

The left ear was puretone average 58.75- speech recognition 44.

Also positive for tinnitus.

If they rate bilateral it is a 30% disability. If they only rate one ear it will be zero.

My question is did I need hearing loss in both ears when I got out to get a bilateral decision now.

I only had loss in my left ear on my final exam.

thanks Jim 501st

[rentalguy1]

Jim...it's all gonna depend on what your SMR's say between entry and ETS. Most likely your records will show a hearing loss during service. It may not have been rateable, but it will have been there. Assuming that is the case, the BVA has found that a post-service hearing loss cannot be dissociated from service (...if hearing loss was established by SMR's). I am in the same boat on this one and I have a claim currently working to get my right ear SC'd so I can get an actual rating when combined with my left ear. These two BVA cases may be helpful to your claim:

BVA Docket # 91-47 613

BVA Docket # 91-50 078

To the question of the bilateral factor applying to hearing loss. The way I understand the rating criteria for hearing loss is that you get one rating based on the rating table which compares the better ear to the poorer ear. I could be wrong on that, but I believe it to be correct.

Based on the Puretone averages and speech discrimination scores you posted, if they SC both ears, you would get a 30% rating for hearing loss. You can double check that by looking at the tables listed in 38 CFR 4.86. I came up with a roman numeral V for the right ear (better ear) and a roman numeral VIII for the left ear (poorer ear).

Hope this helps.

[Jim 501st]

Thanks for the response Rentalguy1

I also had a c&p for meniere's disease vertigo.

The Lady told me the Dr. that normally did these exams would' be there today so she was called at the last minute to do the c&p. She said she was a Dr asst.

It is not possible that she examined my c-file very good, because my final audio exam reads as follows.

Right ear 500-10 1000-10 2000-10 3000- x drawn through it. 4000- 15

Left ear 500- 10 1000-10 2000- 35 3000-x drawn through 4000- 40

underneath this graft was a hand drawn graft drawn in.

right ear was the same as above.

Left ear 500-10 1000- 10 2000- 20 3000- x drawn through it. 4000-30.

In her comments she wrote discharge exam was normal.

In her physical exam. ( question) Are there signs of staggering gait or imbalance. (answer yes) Veteran has difficulty getting up out of chair. He has a noticeable gait disturbance and leans to the left

His Wife was with him today.

summary of all effects on occupational and daily activities

Diagnosis Meniere's disease

Effects of the problem on occupational activities: dizziness,

Are there effects of the problem on usual daily activities: Yes

Describe others: This Veteran has a gait problem and this would prevent him from performing many of the daily living without assistance

Medical opinion

A review of the medical records was done.

This veterans current Meniere's disease is not caused by a result of his military service

I don't know how a decision will go on this as it is clear in my smr's that I complained of dizziness at least twice and had a definite hearing loss in my left ear that she denied.

When I filed this claim I sent in with it an IMO from a local M.A.,CCC-A. FAAA that once did c&P's for the VA. In her opinion she had my medical records while in the military to date. She had my audio grams from my final exam, and others starting in 1985 to date (12 in all). As well as being on antivert from 1980 to date for vertigo. She showed a natural progression from dizziness and hearing loss in the military to full blown Meniere's disease today.

It appears my dear C&P Dr. asst didn't read much from my c-file.

Thanks for letting me vent and opinions please.

Jim 501st