tinnitus Catch 22

[simple fly]

i have never received any money for hearing loss through the va,i do get 10% for tinnitus. i work for the federal govt on loud noisy jet engines for the past 35 years. getting ready to retire,they send us for a hearing test..i have bilateral severe neural hearing loss.so they send me to the department of labor to be compensated for my hearing loss.

department of labor accepted my claim,sent me for hearing aids ,and told me to turn in a ca-7 form for a cash award. this morning they called me and told me they was not going to pay me because the va is paying me.i've never got paid for hearing loss.i protested and the kind lady told me that the va should be paying for my hearing loss...now what do i do with that information?????

[simple fly]

i received a hearing test every year since i began employment after discharge.each one shows a gradual decrease.on the ca7 for compensation,it ask"are you recieving any disability from the va for any reason"i marked yes and noted tinnitus.

the only reason i am posting this is,i feel with the va turning me down,and the dol saying the va should pay...seems like this evidence should support a win..whether va or department of labor.

[JR Reihs]

simple fly,

How long have you been getting the tinitus from the VA?

As Sharon stated they are not the same, there are several things that can cause tinitus.

You need to get a reconsideration notice ready for DOL, and go get a IMO on your own. If the doc says its the JOB then its the JOB, if its the VA then push the claim.

DOL will send you for a SECOP if your Doc says its job related, if the SECOP says its the VA then you will be sent to a referee exam, this Doc will be God on the claim with DOL, if he says its JOB related you get your SA, if he says its VA related then you have lots of medical on your side.......Point is you will play one off the other, either way somebody will pay.

[simple fly]

simple fly,

How long have you been getting the tinitus from the VA?

As Sharon stated they are not the same, there are several things that can cause tinitus.

You need to get a reconsideration notice ready for DOL, and go get a IMO on your own. If the doc says its the JOB then its the JOB, if its the VA then push the claim.

DOL will send you for a SECOP if your Doc says its job related, if the SECOP says its the VA then you will be sent to a referee exam, this Doc will be God on the claim with DOL, if he says its JOB related you get your SA, if he says its VA related then you have lots of medical on your side.......Point is you will play one off the other, either way somebody will pay.

jr

i filed for tinnitus in 1977 and was awarded in 1985.

[carlie]

simple,

Look at the 1985 Rating Decision that granted you 10 % service connection for Tinnitus.

What reason did they use to grant the tinnitus - in other words, what did they relate

the Tinnitus to ?

carlie

[sharon]

Have you ever had a rating/denial for hearing loss from the VA? Do you know what you audio exam was coming out of the service? When were you first noted to have hearing loss? If it was after you were out of the service and working for DOL, where you were exposed to harzardous noise, its on them.

[broncovet]

Unfortunately, there are many, many "catch 22's" at the VA. The VA is highly unlikely to approve your hearing loss just because the Department of Labor thinks its service connected. The VA also does not automatically approve claims that are awarded by Social Security, VA life insurance, or anyone else for that matter. The VA doesnt even care if your doctor thinks you deserve benefits either, because They are always looking for any possible reason to deny your claim The easiest way for the VA to do this is to delay your claim until you die. It isnt supposed to be that way, but that is the way it is. There is the right way, and then there is the VA way. Sometimes, when you run into a "blockade" of benefits at the VA it is better to go "downhill" and around the blockade than to try to go over it. Here is an example.

I was (upon appeal at the BVA) approved for hearing loss, but it was rated at zero percent. I found out that, regardless of how bad your hearing loss is, it is nearly impossible to get it rated above 0%, even tho I have a "severe" hearing loss, according to my audiologist. So, I went "around the blockade". I got approved for depression secondary to hearing loss, but it did take 7 years, and multiple doctor opinions for this. It is never easy with the VA, they want you to have to fight for years to get the benefits that you are due. The rule of thumb is that it takes one year to get approval for each 10%..so it takes about ten years to get 100% benefits. VERY, VERY few Veterans get 100% benefits in a year..most of them it takes ten years. Forget what the VA says about 6 month claim processing time. That is probably 6 months to the FIRST DEnial, and it usually takes many denials to win any benefits. They faked a lot of dates to arrive at the six month number.

One way a lot of guys try to figure out which way is downhill with the VA is to use the "spagetti" method. They apply for a dozen different claims and see which one sticks to the wall. I do not recommend the spagetti method..it is largely ineffective. I recommend a "targetted spagetti" method, instead. Review your medical history, and your in service treatments. Then, do carefull research on hadit to determine if any of your medical conditions are likely to be service connected.

Then "hit them with your best shot"..your worst 3 conditions most likely to be service connected.

After the VA denies the benefits due to you, then persist in your appeals until you win..its about a ten year process, so if your SC conditions are not pretty bad, then it probably is not worth it. I wish it was not so, but that is pretty much what I have learned, having won partial benefits (40%) over the past 7 years. But, dont ever give up if you think you have a valid claim.

Edited February 24, 2009 by broncovet