tinnitus Berta/carlie - Anyone With Experience

[tom91]

Berta - You and others may recall my previous note regarding my hearling loss and tinnitus claim. It included documentation that referrenced 'soldier demonstrates hearing loss and requires further evaluation' yet that never occurred and a number of claims have since been denied.

Follow up with my rep several weeks ago resulted in him tracking my paperwork down, found it was with the approvers to be completed, and at that point showed tinnitus was approved but hearing loss denied. I continue to follow up with the 800# almost daily. It goes from approval of one date to quoting a new date to another new date and so on. This leads me to frustration, curiosity, anger, and concern they've changed their mind on the tinnitus. If so, and if they haven't changed the hearing loss, I'll appeal. However, another note I read regarding 70% retro with a response from Carlie made me curious that maybe they recognize their mistake already without me having to file a CUE claim and the length of time waiting is a result of multiple approvals it may be going through. How many does it require??

[carlie]

Tom,

Have you gotten a copy of the actual C&P examination results yet, if not I sure would go get it at Release of Information.

Now you posted,

"Follow up with my rep several weeks ago resulted in him tracking my paperwork down, found it was with the approvers to be completed, and at that point showed tinnitus was approved but hearing loss denied. "

If the decision maker has granted Tinnitus as service connected the Tinnitus grant would have to be backed up with medical rationale.

Some examples of this would be something that the C&P examiner writes such as,

It is my medical opinion veterans Tinnitus is at least as likely as not to be related to

veterans military service, due to: 1) hearing loss, 2) acoustic trauma, 3) head injury

etc...

Now if the rationale in the Reasons and Bases Section or in the C&P examination states your Tinnitus relates to hearing loss and hearing loss is denied service connection then that will be

what you use for your NOD on a hearing loss denial.

In my opinion the majority of veterans that do wind up getting hearing loss service connected

VA does so at zero percent.

I wear a VA RX'd hearing aid for my right ear and hearing loss is service connected for my right ear but it is at zero percent service connected.

I just went yesterday, (yes, a Saturday) for an Audiology C&P for service connection of hearing loss for my left ear.

As most will agree here that to get a compensable amount from VA for hearing loss -

you almost have to be deaf.

jmho,

Hope this helps a vet.

carlie

[tom91]

Thanks Carlie. As long as they don't change their mind on approving tinnitus, atleast that would result in 10%. Wouldn't you think they'd have to go back to 91?

[carlie]

Tom,

I don't remember your specifice inregards to an effective date, there are

many,many variables for effective dates.

carlie

[mobie16r]

tom91,i know how it is when you are waiting on claim,but until you get a official letter in the mail,that you have been approved, of this disapproved, everything else you hear is moot.The 800 people can only tell you what they see on there screem, and everytime you call you get a different one, and they are not at the regional office, your claim is being processed,you may call in the morning and get one thats in St.louis, and call again in the affternoon and get one thats in Memphis, and you will never get the same information,but some of the 800 people will really try and help you by going to different screems and founding the latest information that is available to them, on the other hand, when your claim is finish your Rep is notify ot the decision.So don't get upset about the 800 people and nothing that is unofficial.GOOD LUCK!

mobie16r

[tom91]

Update - Received call today that 10% tinnitus was approved with hl denied. Backpay approved for time period since claim filed this year.

How does it work with VA if I filed previous claims for it and was denied; however, I didn't appeal and on one occassion, did not furnish any additional information because I didn't have it at the time. If they recognize it is sc at this point, why wouldn't they have to go back to the date of previous claim or perhaps even my discharge date?

[LarryJ]

No, they won't go back to '91. They will go back to when you actually filed the "winning" claim. They will not go back to when you first filed a losing claim and then did not provide them with a Notice of Disagreement (NOD). The last claim that you filed is the claim that was approved, correct? Then that's the one you won. And that's the working date, the EED (Earliest Effective Date).