tinnitus Rating Questions

[crabbyone]

I filed my claim in June of 08. Still don't have an answer-had to go to hearing exam and leg/knee exam. I got SSB when I left active duty with 14 years active service and went in the Reserves. I took physical in Sep 07 for Reserves. Was informed by Dr. that I had hearing loss and to expect MRB, especially with my knee problem (rated a P3 for hearing and lower extremities (PULHES=113131), but no MRB. Decided to retire in May 08 and filed claim. After my exams, this is what I have been told. I have tinnitus in both ears, a 30% hearing loss, one leg is 1/4 inch shorter than the other due to a parachute accident while on active duty (broke tibula and fibula) and a subluxation and tendonitis in the opposite knee. I frequently have to wear a brace on my knee due to the pain and problems I have. The hearing Dr said I was a good candidate for hearing aids, but nothing could be done for tinnitus. Everything documented, but nothing since I left active duty. Was told then to take ibuprofrin for knee pain as needed.

My 1st question is this: What rating should I expect to get? 30, 40 or 50%

My 2nd question is this: Has a waiver of recoupment ever been granted for someone eligible for retirement but that had collected SSB so it did not have to be repaid out of retirement money or compensation?

My 3rd question is this: If I get compensation, I was told that I only had to give up a minimum of 10% of the compensation as recoupment towards my SSB debt and I would get the rest. Is this the deal or is there something else?

[71M10]

Gereetings,

I looked on the VASRD (Veterans Affairs Schedule for Rating Disabilities) in regards to your 1/4 inch shortening of the leg due to paracute accident. Unfortunately you need to have an 1 1/4 shortening to qualify for a 10% rating. Keep in mind though that the 1/4 inch difference may be causing other problems in your leg/s and spine. You should also read any and all x-ray reports from service and the first year post service, if arthritis is mentioned be sure to file for it. If it shows up in your C&P exam and you have not filled a claim for it they wont rate it or even tell you about it (personal experience). If you have arthritis they are supposed to check all your major joints and minor joint groups (sections of the back).

During my C&P in 88 they took one x-ray of my thoracic spine it was arthritic. Gave me service connection with a 0% rating. They called it a "bone condition". Being young, un-informed and not that bothered by my back I did not question the rating or the diagnosis. Didn't ask to read the physical or any of my army medical records. I think it is clear they called it a "bone condition" becasue they knew if they told a 22 year old he had arthritis the 0% would be challenged.

Your presence on the board indicates to me that you understand the VA is not your advocate and protector(in my youth I thought that). If you are entitled to something from the VA you will have to ask for it. They will then ask you to prove you are entitled to the benefit/s. They will attempt to give you the minimum benefit. You will have to appeal to get the proper benefit.

I sometimes think of the VA as an EX-Wife, someone who is antagonistic, impossible to get information out of, if they have something of yours good luck getting it back, are in your life until you die and if possible will even screw up your funeral!

Sorry for climbing up on the ole soap box.

Best regards,

Tyler

[broncovet]

Crabby

No offense, but there is no such thing as a 30% hearing loss. Hearing loss evaluations are in decibels, not percentages. Speech discrimination is in percentage form.

If you have a 30 decibel average loss, then that means something, but you still need to know your speech discrimination before you can figure out a VA disability rating.

If you want to try to figure yours out, then go look at your hearing evaluation, and use this table:

http://www.warms.vba.va.gov/bookc.html#f and then go to Auditory evaluation.

Hope this helps.