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!

[stillhere]

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!!!!!!!!!

Thanks ricky, And that is what I am looking to do. I have an appointment on the 9th of dec, and I plan to take call my paper work and tell the doc what I need is an IMO that ties my hearing loss without question as starting in the service!

Now as far as the updated test I provided one and looks as if they have accepted the fact that there is a severe hearing loss as a dx.

I have a form I have to send back asking me if I want them to make a decision with what they have or in 30 days after I send in the supporting documents. I plan to send that in today and ask for the 30 days and send in they new IMO and go from there. Does that sound right.

One other problem the audiologist who wrote the first IMO has left the firm and I am to see the new replacement. Is there the likely hood of the VA feeling I am doctor shopping or should I add in my support statement that this firm is the firm I have gone to since 1983 and I have had a number of different doctors. Any problem there?

As always thanks very much for all intended help. Any guess on what precentage I should be asking for? Oh one other thing as far as a EED for this I am hoping for the date of 2005 when I started being seen finally at VA and getting aids, should I mention that. I have a feeling the reason they are being so picky on this is they are not looking to give a start date of 1984!

[Ricky]

Thanks ricky, And that is what I am looking to do. I have an appointment on the 9th of dec, and I plan to take call my paper work and tell the doc what I need is an IMO that ties my hearing loss without question as starting in the service!

Now as far as the updated test I provided one and looks as if they have accepted the fact that there is a severe hearing loss as a dx.

I have a form I have to send back asking me if I want them to make a decision with what they have or in 30 days after I send in the supporting documents. I plan to send that in today and ask for the 30 days and send in they new IMO and go from there. Does that sound right.

One other problem the audiologist who wrote the first IMO has left the firm and I am to see the new replacement. Is there the likely hood of the VA feeling I am doctor shopping or should I add in my support statement that this firm is the firm I have gone to since 1983 and I have had a number of different doctors. Any problem there?

As always thanks very much for all intended help. Any guess on what precentage I should be asking for? Oh one other thing as far as a EED for this I am hoping for the date of 2005 when I started being seen finally at VA and getting aids, should I mention that. I have a feeling the reason they are being so picky on this is they are not looking to give a start date of 1984!

The EED should be when you began the process or the date the medical evidence proved the increase in disability which ever is later.

When he writes the IMO it should start out something like this:

letterhead

to whom it may concern:

I am an ear doc with x years experience. I have been board certified since.............

Mr X has been a patient of this center since 1983 for his hearing loss......... This will preclued the doctor shopping theory. I have reviewed all pertinent medical records to include his service military medical records and his post service treatment records.

Confrimed medical history provides that Mr. x sufferes from severe hearing loss as provided on his latest audiogram dated. The results of this test provided that Mr.x's hearing level is as follows: Left ear...........right ear............ speech recon............ This data provides that his hearing loss is severe in nature requiring the use of hearing aids blah blah blah.

In reviewing Mr. X's medical records it is noted that he served in Vn as a ............ during which time he was exposed to excessive high levels of noise. Along with this he also served as a ..........in which he was required to fire..........type weapons which also exposed him to excessive noise levels. As a board certified ear doc it is my opinion that his current hearing loss is more than likely (least as likely, due to) these activities he was required to perform during his military service.

Rationale, Rationale, Rationale, -----My opinion is based upon the following facts: It has been my experience in treating patients such as Mr. x that previous employment activities such as generator operator, rifleman etc do reult in the type and level of hearing loss that Mr. X suffers from. It is also the current accepted opinion of the american audiologist center (whatever they call themselves) that patients who have been exposed to highlevels of nosie such as that that Mr. X experienced during his military service results in the same type of severe hearing loss that Mr. x suffers from today.

I will stop here cause if I go on I will have to charge you 5000.00 for providing you with an IMO hahahahahahahahahahha. This should give you an idea of where you need to go. Heck ask the doc if he minds if you give him a draft to work from. Most do not and actually appreciate it cause it saves them time. A doc will not sign anything if he does not medically agree with it.

PS.... the terms ear doc etc are a Ricky the clown way or writing on Hadit so if you draft him something make sure you do not offend him by writing like me!!!! hahahahahahahha

Edited November 21, 2008 by Ricky

[stillhere]

The EED should be when you began the process or the date the medical evidence proved the increase in disability which ever is later.

When he writes the IMO it should start out something like this:

letterhead

to whom it may concern:

I am an ear doc with x years experience. I have been board certified since.............

Ricky, Thank you again, I printed out the letter and will have the audio doc look it over. I have also made contact with a friend who has the mos secifcations for my old mos. That might be some help.

Mr X has been a patient of this center since 1983 for his hearing loss......... This will preclued the doctor shopping theory. I have reviewed all pertinent medical records to include his service military medical records and his post service treatment records.

Confrimed medical history provides that Mr. x sufferes from severe hearing loss as provided on his latest audiogram dated. The results of this test provided that Mr.x's hearing level is as follows: Left ear...........right ear............ speech recon............ This data provides that his hearing loss is severe in nature requiring the use of hearing aids blah blah blah.

In reviewing Mr. X's medical records it is noted that he served in Vn as a ............ during which time he was exposed to excessive high levels of noise. Along with this he also served as a ..........in which he was required to fire..........type weapons which also exposed him to excessive noise levels. As a board certified ear doc it is my opinion that his current hearing loss is more than likely (least as likely, due to) these activities he was required to perform during his military service.

Rationale, Rationale, Rationale, -----My opinion is based upon the following facts: It has been my experience in treating patients such as Mr. x that previous employment activities such as generator operator, rifleman etc do reult in the type and level of hearing loss that Mr. X suffers from. It is also the current accepted opinion of the american audiologist center (whatever they call themselves) that patients who have been exposed to highlevels of nosie such as that that Mr. X experienced during his military service results in the same type of severe hearing loss that Mr. x suffers from today.

I will stop here cause if I go on I will have to charge you 5000.00 for providing you with an IMO hahahahahahahahahahha. This should give you an idea of where you need to go. Heck ask the doc if he minds if you give him a draft to work from. Most do not and actually appreciate it cause it saves them time. A doc will not sign anything if he does not medically agree with it.

PS.... the terms ear doc etc are a Ricky the clown way or writing on Hadit so if you draft him something make sure you do not offend him by writing like me!!!! hahahahahahahha

[danang_1969]

I have a pending claim for tinnitus and a hearing loss in one ear. I have been given two options by a treating VA ENT specialist , surgery in which my hearing may be worse after-wards, or a hearing aid. He stated that in his opinion that I have had this hearing loss in one ear for many many years and was caused by acoustical trauma. I have had a private audiologist test saying hearing loss caused from acoustical trauma, VA C&P audiologist says hearing loss caused by old age. Still fighting it!

[stillhere]

I have a pending claim for tinnitus and a hearing loss in one ear. I have been given two options by a treating VA ENT specialist , surgery in which my hearing may be worse after-wards, or a hearing aid. He stated that in his opinion that I have had this hearing loss in one ear for many many years and was caused by acoustical trauma. I have had a private audiologist test saying hearing loss caused from acoustical trauma, VA C&P audiologist says hearing loss caused by old age. Still fighting it!

yeah that it was the always say. If I can find anything that might help you I will shoot it your way. By the way I was in Danang in69-70

[stillhere]

Ricky,

Met with the new audiologist that replaced the one that wrote my last IMO. He is actually a ex marine and understands pretty good what I am going through. he made copies of all my stuff and your letters, said he was going to give them to the regional director to write a better IMO and expidiate it for me. I have already sent the letter from the VA back and have them moving my claim along after 30 days so I need to get this in by the 18th of this month.

I hope this works this time or I am going on to BVA there is absolutely no reason why this is not SC.

I will post the results and the IMO when I get it.

Stillhere