tinnitus Back Pay For Approved Claim

[tom91]

I just received a response to my claim on tinnitus and hearing loss. They approved tinnitus but denied hearing loss. I'm curious if anyone agrees with me on a potential claim for backpay specific to tinnitus.

In 1991 the dr. stated in my smr for my medical discharge 'this service member demonstrates hearing loss and needs further evaluation'; however, I was discharged without further evaluation.

Previous claims following discharge continued to be denied for both hearing loss & tinnitus. Although one civillian Dr. in 1998 suggested my condition was likely due to my service as provided for evidence to VA.

VA approval letter I received on most recent claim states that during the course of previous claims, there was no evidence to make tinnitus sc and therefore was denied. New evidence by civillian Dr. stmt/exam (2008) & further verified by VA examiner shows sc. It further states that SMR show I complained of hearing high pitch sounds in my service records, but 'While this could be a complaint of tinnitus, the examiner did not diagnose tinnitus'....meaning the DR. at discharge did not diagnose it. It further states the VA examiner shows that my hearing tests at discharge were essentially normal but a shift in thresholds had occurred compared to enlistment which indicates history of military noise exposure.

My thought is there is a claim here for back pay to 1991. Why? Although they referenced in 91 that I needed further evaluation, it did not occur prior to my discharge nor did the VA upon my claim in 91 as they followed my smr.

I say both the military and VA made an error here.

Do you think I have a valid case?

[rentalguy1]

Get a appointment with a civilian audiologist. Explain what's going on and ask show him the 1991 SMR. Then ask him to write a opinion stating that the "high pitched noise" you heard in 1991 was at least as likely as not tinnitus, given that you are currently diagnosed with the condition. That may or may not make a difference. I tried for a EED back to 1994 on my tinnitus claim, but they weren't having any of it. I could have pushed the issue, but it just wasn't worth it to me at the time. I have bigger fish to fry with TDIU. I may go back to it in a couple of years, though.

[Chuck75]

Did you visit the VA "soon after" your discharge, hopefully within a year?

To me you do have a somewhat faint hope of CUE, but I'm no expert by any means.

I just received a response to my claim on tinnitus and hearing loss. They approved tinnitus but denied hearing loss. I'm curious if anyone agrees with me on a potential claim for backpay specific to tinnitus.

In 1991 the dr. stated in my smr for my medical discharge 'this service member demonstrates hearing loss and needs further evaluation'; however, I was discharged without further evaluation.

Previous claims following discharge continued to be denied for both hearing loss & tinnitus. Although one civillian Dr. in 1998 suggested my condition was likely due to my service as provided for evidence to VA.

VA approval letter I received on most recent claim states that during the course of previous claims, there was no evidence to make tinnitus sc and therefore was denied. New evidence by civillian Dr. stmt/exam (2008) & further verified by VA examiner shows sc. It further states that SMR show I complained of hearing high pitch sounds in my service records, but 'While this could be a complaint of tinnitus, the examiner did not diagnose tinnitus'....meaning the DR. at discharge did not diagnose it. It further states the VA examiner shows that my hearing tests at discharge were essentially normal but a shift in thresholds had occurred compared to enlistment which indicates history of military noise exposure.

My thought is there is a claim here for back pay to 1991. Why? Although they referenced in 91 that I needed further evaluation, it did not occur prior to my discharge nor did the VA upon my claim in 91 as they followed my smr.

I say both the military and VA made an error here.

Do you think I have a valid case?

[jbasser]

Did the VA have this information when they made the decision? The Member demonstrated hearing loss.

What did the VA say on the denial of the issue? I would have to look at it closely before I could advise you either way but it looks promising because of that statement.

J

[Ricky]

Just a couple of things:

"demonstrates hearing loss" is not a diagnosis and as we all know you must have a diagnosis. Demonstrates hearing loss also means that your hearing was not the same level as it was when you either enlisted or based upon your last hearing test in service. However, a doctor simply stating demonstrates without a hearing test to confirm such a statement just ain't enough water to float the boat.

Once again on hearing the high pitch nosies - you have to have a diagnosis. However, I agree with JB on this one in that it would have to looke a closley. Was the evidence used to SC it in 2008 the same evidence that was available in the claims folder during the previous denials? If not then you may be trying to walk up a hill that is to hard to climb. jmho

Your contention that the army messed up is a bad one. You messed up my friend by not demanding a hearing test. However, even if you did demand one, one's hearing has to be pretty bad before it reaches a compensable level.

[tom91]

Additional info in response to your questions.

My claim to the VA was in August 91 immediately following my discharge in July of 91. It states that my discharge exam in January 91 shows hearing to be within normal limits & speech range, therefore denied. There is no reference to the dr stmt on the consultation sheet showed hearing loss & req'd further eval.

Make note that my the 4000 & 6000 range had significant changes between enlistment to discharge. Although 6000 range is not included in a rating, the high ranges is the indication for tinnitus. In addition, the listing I completed (have copies of) for the military dr. prior to my discharge exam includes reference that I experience high pitch sounds in both ears. I also marked under hearing loss 'don't know' because I quite frankly wasn't sure of how to consider high pitch noise to be. All of this should have been reviewed by the VA as it is all included in my smr's.

As to previous denials:

1991 - see above

1999 - The C&P exam states history as positive for military noise and exam shows mild loss @4000. Goes on to say results did not indicate medical f/u or such a problem that if treated would result in improvement. Claim denied because there is no evidence this condition either occurred in or was caused by svc.

2001 - Reference that previous two claims denied due to it not being found on my discharge exam. Further, 'the dr. exam furnished shows hearing loss in both ears. There is no evidence showing diagnosis of tinnitus in service or evidence to link to present condition to vet's military svc. Therefore, claim denied.

2003 - 'Dr. stmt provided notes bilateral hearing loss that can be aggravated by noise. he further stated since you work in high noise environment, strongly recommened you receive protection of some kind. This stmt does not tell us where & how long you've worked at job. But shows you've had noise exposure other than military. Since there is no competent medical evidence to relate your tinnitus/hearing loss, sc denied.

2008 - We have granted sc for tinnitus as evidence of record shows this condition related to mil svc. Goes on to say that new medical evidence (dr. exam 5/08) shows noise exposure as predominant component of your tinnitus. VA examiner notes tinnitus is a subjective complaint and although essentially normal thresholds were revealed at separation. a shift in thresholds did occur as compared to enlistment which indicates history of military noise exposure. Therefore, at least as likely as not, caused by a result of military service.

Keep in mind that I was not as knowledgeable in filing a claim until this year. That is when I went through my smr and found the reference of hearing loss and also obtained a report from my work showing that we are not considered at risk for noise per OCEA (?).

Should I have made sure that I received a follow up exam for my hearing before my discharge, yes. I particularly would have if I had know what the dr. indicated. But that is also why I immediately filed a claim with VA in 1991, which they just simply referred to my smr's and didn't do any exams.

Now what do you think?

[jbasser]

Tom, did you have any hearing tests in the SMR's. i am curious as to what they read. If you show hearing loss during service you may not need a definate diagnosis but you will need the dots connected by an ENT specialist, I say that because they outweigh an audiologist.

1 single sentance will do it. The Veteran showed hearing loss in the service record and his heating loss demonstrated today is likely as not related to the hearing loss in service.

That is what it may take to get you over the hump.

J