I Just Don't Get It!

[stillhere]

Well finally got a rating back on my last claim, the denied everything except for the NP in my hands. Even that was only granted to Feb. 08. I asked for that in an recosideration in April 07.

I have filed an NOD with a DRO review requested.

1. I am asking for a EED of April 07 because that was when I first filed for it.

2. An increase for DB2 and for my heart disease because of limited activities clearly noted in my exam by the QTC CP.

3. Now on the hearing loss I have a moderate to severe in LE and same in the RE. I sent in a statement from my audiologist stating that my hearing loss was consistent with noise truama that occured in service. I am requestiing my audiologist to beef up the statement to "more likely than not" I am hoping to finally get this to be SC and will go in my grave appealing if I have to!!

Any comments or suggestions welcomed, the VA has givin me thirty days to supply them any more support before they start the DRO review!

[rentalguy1]

Your MOS most definitely would fall under a noise hazard. If you have a copy of your military entrance physical and exit physical, and it shows a loss of hearing between the two, and/or the note on your discharge papers stating high frequency loss, then that proves service connected hearing loss.

Gather those two records, along with a nexus letter signed by a audiologist, and write a letter to the VARO on a 21-4138 demanding that they accept the nexus letter a new and material evidence. Tell them that the nexus letter is new, because it was not in existence when the original or subsequent claims were denied, and it is material, because it has a direct impact on the outcome of the claim.

I can't stress enough how important it is to get that nexus letter signed by a audiologist. Without it, you will not win this claim. They do not like to award hearing loss claims for some reason. I just won mine this year on the third try.

I can't discern what your rating would be based on the numbers you posted. Go back and look at your audiogram again and get me numbers for the right ear in the 1000, 2000, 3000, and 4000 hertz ranges. I also need to know why they could not test the speech recognition in the right ear. DId they give a written explanation? The speech recognition is a intergral part of the hearing ratings. The numbers you gave for the left ear are fine. I just need better info for the right ear.

[stillhere]

Your MOS most definitely would fall under a noise hazard. If you have a copy of your military entrance physical and exit physical, and it shows a loss of hearing between the two, and/or the note on your discharge papers stating high frequency loss, then that proves service connected hearing loss.

Gather those two records, along with a nexus letter signed by a audiologist, and write a letter to the VARO on a 21-4138 demanding that they accept the nexus letter a new and material evidence. Tell them that the nexus letter is new, because it was not in existence when the original or subsequent claims were denied, and it is material, because it has a direct impact on the outcome of the claim.

I can't stress enough how important it is to get that nexus letter signed by a audiologist. Without it, you will not win this claim. They do not like to award hearing loss claims for some reason. I just won mine this year on the third try.

I can't discern what your rating would be based on the numbers you posted. Go back and look at your audiogram again and get me numbers for the right ear in the 1000, 2000, 3000, and 4000 hertz ranges. I also need to know why they could not test the speech recognition in the right ear. DId they give a written explanation? The speech recognition is a intergral part of the hearing ratings. The numbers you gave for the left ear are fine. I just need better info for the right ear.

That is what I was thinking too, but the VA turned it down. I have a meeting with the outside audiologist for Dec. 9th and hope to get a stronger worded nexus most likey do to, or more than likely. Anything to help.

As Far as the right ear goes the numbers I gave you are correct and the speech reg would be 0' I guess. I take that back in looking at my test from the VA who now gives me my hearing aids and batteries they have the right ear at 44% and the left at 60%this is from a test of July 2005. Thanks for all the help!!

[rentalguy1]

Don't leave the nexus to chance. Print this form, fill it out and take it with you for the audiologist to sign.

This may be very inaccurate, but if we assign a speech recognition score of 100% to your right ear, with a 1000-4000 hertz average of 105, and use the numbers you provided for the left ear, that would be a rating of 20%. With the 2005 speech recognition numbers, the percentage would be way higher. These are finicky ratings, and without up to date, exact numbers it is really hard to nail it down.

[stillhere]

Don't leave the nexus to chance. Print this form, fill it out and take it with you for the audiologist to sign.

This may be very inaccurate, but if we assign a speech recognition score of 100% to your right ear, with a 1000-4000 hertz average of 105, and use the numbers you provided for the left ear, that would be a rating of 20%. With the 2005 speech recognition numbers, the percentage would be way higher. These are finicky ratings, and without up to date, exact numbers it is really hard to nail it down.

Thanks Rental for the form, so what rate should I be asking for?

[rentalguy1]

Like I said, without having those specific audiogram numbers, there's no way to ask for a specific rating. In order to figure out a rating for hearing loss, you have to average the readings for the 1000, 2000, 3000, and 4000 hertz ranges for each ear. Then you have to know the speech score for each ear and plug all that information into a table in 38 CFR 4. That table with give you a roman numeral that corresponds to each ear that you have to plug into the actual rating table. It's not real complicated, but you have to have the correct numbers to get the correct rating. They will most likely send you to a audiology C&P to get the most up to date audiogram numbers.

[Ricky]

New and material evidence is your problem with this claim. the statement of "was consistent with truama damage" is not new and material. You are on the right path in seeking another IMO. In this one you are going to need a diagnosis, the ole at least as likely as not due to your service and a VERY STRONG AND COMPLETE MEDICAL RATIONALE!!!!!!!

If the Audio guy will fully explain his opinion tying all of the noise you were subjected to to the high freq loss in your discharge exam along with a new exam which shows a higher level of loss than any exams have before then this will be new and material. From reading through the post it seems as todate no one has provided a complete medical rationale.

If he only states that you have hearing loss and that hearing loss is due to people being exposed to loud nosies then once again you will get a denial. At this point they could care less even if you have a complete loss of hearing cause so far no one has tied it to your service. One or two time mentions of things in SMR's does not in its self prove service connection -a doctor has to say it was and provide a complete medical rationale. Talk to your doc and fully explain the little quirks of the VA before he writes the IMO!!!!!!!!!