tinnitus Hearing Loss Soc Denial

[stillhere]

In my last denial for my hearing loss this is what it says:

A March 2008 record from audiologist XXXX show you were seen for a complete evaluation. You reported difficulty hearing in all listening situations and intermittent tinnitus had been occurring for several years. The record notes excessive exposure to noise while serving in the military. Severe to profound asymmetrical sensorineural hearing loss was noted bilaterally.

The record does not provide and opinion that your current hearing loss was incurred or caused by your military service. Current medical evidence shows hearing loss.however the evidence received in connection with this claim does not constitute new and material evidence because it does not relate to an established fact necessary to substantiate the claim and does not raise reasonable possibility of substantiating the claim. Service connection denied as this was not incurred in or caused by your military service.

QUESTION: Does this say they just want an opinion to grant this claim??

Are they saying that they understand I have a hearing loss and the rcords shows loud noise exposure in the record???

[carlie]

Thanks for all the replies and opinions. Below is the nexus letter from my audiologist for my BVA appeal:

Ok new evaluations from audiologist in support of my claim for hearing loss: CHIEF COMPLAINT: The Veteran, a 60year old male, was seen in my office on XXXX for pure tone and speech recognition evaluations. The veteran reports a significant history of noise exposure during his military career. He has a long history of hearing loss and tinnitus in both ears. The veteran currently wears a hearing aid in the left ear only.

AUDIO TEST PERFORMED: Audio tests were performed including audiogram with tympanograms.

AUDIO RESULTS: Otoscopic examination revealed both ear canals free of cerumen. Standard Puretone Audiometric procedures revealed a moderate to severe hearing loss in the left ear and a moderate to profound sensorineural hearing loss in the right ear. Significant asymmetries were noted from 750 through 8000Hz. NU 6 word list was utilist to obtain speech discriminations via live voice with a score of 76% at 90dB HL in the left ear. Speech discriminations could not be evaluated in the right ear, although a speech reception threshold of 95%dB HL was obtained in ear.

PLAN OF CARE: Mr. XXXX, has a moderate to severe sensorial hearing loss in the left ear and a moderate to profound sensorial hearing loss in the right ear accompanied by constant tinnitus. It is more than likely than not that the tinnitus and hearing loss was caused by noise exposure while in the military. Continued hearing aid use is recommended for the left ear and should be considered for the right, ear along with cochlear implant candidacy. Annual audiometric evaluations are recommended for continued status assessment of the auditory mechanism and hearing conservation is recommended(hearing protection) whenever the veteran is exposed to excessive noise levels.

Signed , Au D CCC-A

In my opinion this should certainly establish service connection for

hearing loss and Tinnitus. The only thing I don't see is if the audiologist

reviewed your SMR's.

I did not check the charts to see if the hearing loss would be rated at zero percent or perhaps with a compensable evaluation.

jmho,

carlie

[stillhere]

In my opinion this should certainly establish service connection for

hearing loss and Tinnitus. The only thing I don't see is if the audiologist

reviewed your SMR's.

I did not check the charts to see if the hearing loss would be rated at zero percent or perhaps with a compensable evaluation.

jmho,

carlie

The report that is of record for the 2008 does state "after review of records" I also just today met with another audiologist I have been seing for the past 4 months and she has reviewd all my records and said she would put it in a letter and state "more than likely is do to Military service",

[stillhere]

Sounds like you are supposed to have a C&P Audio exam with a medical opinion. Your exit exam shows high frequency hearing loss.

You have hearing loss in service, you have continuity of the condition since you got out of service.... this boggles my mind, based on the limited information I'm going on.

Ask for a DRO to do a de novo review, and ask for a medical opinion.

OK when I applied in 83 for hearing loss the C&P stated and moderate to profound and a moderate to severe but they denied because of the exit exam. Back in those days they did not tell you why. The letter I got just said SC denied. I did not appeal back them and just said the hell with them. Then 07 I was told to try and get it reopend with the new evidence I had. They denied to reopen. I then appealed for a NOD DRO review and they denied again.

I am waiting for them to certify my appeal to the BVA and see how that goes. What do you think??

[broncovet]

Still here:

If your speech recognition is 76% and you are a candidate for a CI, you not only have a severe/profound hearing loss that is compensable, but you have tinnitus and, according to the VA hearing loss manual, you probablly have both depression and employment difficulties as well.

I can provide a copy of the VA's hearing loss manual if you PM me your email address, as this manual is too large to be able to upload it here.

You definately need to appeal, and, knowing what I know so far, you will win, but you will have to fight the VA for everything. I recommend you go for the DRO review first, because it can be faster than the BVA.

I am not sure rating specialists, or other non hearing professionals comprehend how bad your hearing is. A speech recognition of 76% means that you dont understand a fourth of the stuff you hear. I doubt that you can watch TV or movies at all without close captioning. You constantly confuse what you "hear" and misunderstood what is said.

You can probably not hear virtually anything other than what is in a quiet room. If there is background noise, cars, blower motors, lawnmowers etc, you probably dont hear anything. You have poor communications with your boss, if you can even communicate or work at all. With hearing as bad as yours, you are almost like a foreigner who does not speak English trying to get a job. You deseve Va benefits including compensation for hearing loss, tinnitus, probably depression and maybe even TDIU if you can not work. It would not suprise me at all if you cant find anyone to hire you. Nobody wants to hire someone that they have to take 30 minutes to explain to him, what others can get in 30 seconds. You are at a huge disadvantage.

Helen Keller who was blind and deaf said, that if she were given a choice, she would choose to keep her hearing. Her reason was that blindness disconnects your from things, while deafness disconnects you from people. She would rather be disconnected from things than be disconnected from people.

I wish you the best. Its too bad the VA is going to fight you on this..you dont deserve to have to fight to get what should already be yours.

Edited October 9, 2009 by broncovet

[JamesBreckenridge]

OK when I applied in 83 for hearing loss the C&P stated and moderate to profound and a moderate to severe but they denied because of the exit exam. Back in those days they did not tell you why. The letter I got just said SC denied. I did not appeal back them and just said the hell with them. Then 07 I was told to try and get it reopend with the new evidence I had. They denied to reopen. I then appealed for a NOD DRO review and they denied again.

I am waiting for them to certify my appeal to the BVA and see how that goes. What do you think??

I think I would submit an NOD one last time and try to reopen it at the local level, with a copy of your entrance exam, exit exam, history of hearing aids post-service, and any independant medical opinions you may have that diagnose you with hearing loss and tie it to service. Those IMOs are new and material evidence by definition. If they refuse to reopen the case, take it to the BVA. What station denied your claim?

Broncovet, the Word Score has to be the Maryland, and I think what he has is the "NU" which I've never heard of.

Edited October 9, 2009 by JamesBreckenridge

[broncovet]

James...

No offense, but I dont think you really have any idea of what its like to live with hearing loss. And I dont think most (other) rating specialists do either.

Just a few examples:

1. Do you know what it is like to have all your friends talk about a movie, while you know that you cant go to the movie theatre to watch it, you have to wait until it comes out on DVD so you can turn on the close captioning to watch it?

2. Do you understand what an insult it is to tell a HOH person "I wasnt talking to you" or "Nevermind" when he asks you to repeat?

3. Do you understand that public speaking is the biggest fear among hearing people, but HOH often have a worse fear? Do you know what that is?

4. Do you understand that hearing aids are like wheel chairs, they are not the same as real legs or real hearing?

5. Do you understand that hearing aids dont work in all conditions and sometimes even make it more difficult to hear than without hearing aids?

6. Do you understand that many of us do not want to be thought of as "deaf and dumb" and that we are worth the extra time it sometimes takes to explain to us and rephrase what you are saying?

7. Do you understand most people relate "Huh" or "Duh" with being stupid and not getting it?

8. Do you have any idea of the pressure on a HOH person, say at a job interview, or a date?

9. Have you weighed the plusses and minuses of "disclosing" your hearing loss at a potential job interview?

10. Do you know what the unemployment rate for people with disabilities such as moderate to severe hearing loss ? (It varies, but can exceed 50%)

11. Do you have any idea what would happen to our country if our enemployment rate was in line with the HOH, that is, sometimes above 50%?