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.
Question
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?
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