tinnitus Va Turned Down Claim

[68mustang]

Recently I put in a claim for hearing loss and vertigo. The VA denied the hearing loss, but has let the vertigo claim go forward. The reason the VA stated for denying the hearing loss claim was that last year I had put in a claim for hearing loss, which was denied and that I did not appeal the decision within the one year time limit. I did file a claim for tinnitus, and did not file a hearing loss claim. The tinnitus claim was approved and I received a 10% rating. The award letter states that my tinnitus claim was approved and nowhere in the letter does it state that a hearing loss claim was denied. The VA also states that in order for the hearing loss claim to continue, that I need to provide new evidence which has not been previously used.

The doctor's report that I sent in last year for the tinnitus claim stated the I had tinnitus and hearing loss due to acoustic trauma while in the military.

The doctor's report was used on the tinnitus claim, should that report be allowed to support my hearing loss claim since I had not previously file for hearing loss claim in last years original tinnitus claim?

Any input that you all might have would be appreciated. Thanks.

68mustang

[gp747]

states audio exam va hosp. hearing loss or tinnitus are not related to your

gonorrhea infection in vietnam

the most likely cause is your civilian occupation as a construction worker.

also says may reopen with new and material evidence.

when i filed for hearing loss the examiner at audiology asked mme if i had

ever had gonorrhea . i said yes ,in vietnam and i assumed that could cause

tinnitus , so i filed under that assumption ,wasn't very bright as there is no

evidence to connect the two ,i now find out.

now what i am investigating is medications since 1971 . all kinds psychiatric

meds , haldol prolixin, mellaril,stellazine,depakote,trazadone,and i dont know

what all else. i had severe reaction to haldol in va hosp and prolixin too.

i have been trying to find a precedent on making this kind of claim as far

as construction work i did not stay on jobs long enough to get hearing damage.

[simple fly]

states audio exam va hosp. hearing loss or tinnitus are not related to your

gonorrhea infection in vietnam

the most likely cause is your civilian occupation as a construction worker.

also says may reopen with new and material evidence.

when i filed for hearing loss the examiner at audiology asked mme if i had

ever had gonorrhea . i said yes ,in vietnam and i assumed that could cause

tinnitus , so i filed under that assumption ,wasn't very bright as there is no

evidence to connect the two ,i now find out.

now what i am investigating is medications since 1971 . all kinds psychiatric

meds , haldol prolixin, mellaril,stellazine,depakote,trazadone,and i dont know

what all else. i had severe reaction to haldol in va hosp and prolixin too.

i have been trying to find a precedent on making this kind of claim as far

as construction work i did not stay on jobs long enough to get hearing damage.

depends on what you were doing with the ear i suppose.

[gp747]

depends on what you were doing with the ear i suppose.

well the ear was listening for sounds---- of better keep my mouth shut

[68mustang]

Thanks for the info provided by all of you.

Larry J to answer your questions below. The denial that I received this past month mentions that I had previously file for hearing loss in 2007 . I never filed for hearing loss at that time. In 2007 I for filed tinnitus and not for hearing loss. The tinnitus claim was awarded and the award letter did not make any mention of a denial for hearing loss. If there had been documentation of a denial for hearing loss I would have quickly file an NOD. I believe the VA has made a mistake in saying that a non existent hearing loss claim from 2007 precludes me from using the doctor's report that was used for tinnitus in 2007. The doctor's report documents hearing loss due to exposure to acoustic trauma in military jobs and I believe that I should be able to use it since it has not been used to support a hearing loss. Thanks.

"Did your denial for "hearing loss" state that this doctor's report was used to come to the conclusion of the denial?

Is this doctor's report mentioned anywhere in the SOC?

If not, then I'd file an NOD for "hearing loss" and use this doctor's report as the basis of "new and material" (meaning it is new evidence that the VA had not considered in the original claim and that it was, indeed, material evidence that, if it had been considered, would have materially effected the decision".

[LarryJ]

I'd ask to see a copy of my C-file (get 'em to send you one).

Look through the C-file and make doubly sure that there is NOT a claim for hearing loss in your file (I know that you know that you DID NOT file for hearing loss.......BUT, when I received my copy of my C-file, I found a claim for DMII in there. I've never filed for diabetes, but, some old boy with a totally different name, HAD filed for diabetes, THREE years ago.........).

If there is no claim apparent for hearing loss, then now is the time to file a claim.

But, something is certainly strange of them turning down your claim for hearing loss, when there is, in fact, NO such claim.

Have you tried calling the 1-800 number and asking them to access your alledged claim?

Do it, just for laughs if nothing else.

If they can't find the so-called claim, then go for it. If they claim that they found the claim, get them to send you a copy of the claim.

[purple]

Could it be that since your Dr said you suffered from hearing loss that is SCd that then the RO "assumed" (wrongly) that you were also filing a claim for that hearing loss....but didn't find either enough evidence or the right paperwork and denied it??

idk...just guessing here