tinnitus Need Help With Hearing Claim

[JON]

can anyone advise please? In October 2001, i filed a claim for tinnitus and hearing loss. I was denied on grounds the hearing wasn't bad enough (yet VA issued me hearing aids and counselled me about Tinnitus). At that time I didn't have a letter form a competent source statining tinnitus was service connected or most likely as a result. The county VA rep said to not fight it.

This year, I had another hearing test (private source-audiologisst that is an M.A.). My hearing is worse and the tinnitus is worse. She wrote a letter to VA stating tinnitus and hearing loss was likeley result of service. The county VA rep decided to reopen the case from 2001. However the VA responded that the appeal time from 2001 had expired and they won't reopen hearing. They also said I needed "new evidence" that has not been submitted before. I thought the new hearing exam and letter from the audiologist would suffice. I haven't talked to my county VA rep yet, as I now wonder if he knows what he's doing. Any advice would help.

I served in vietnam usmc as an 0311 infantryman and the noise factor is self explainatory. the audiologist documented weapons, air strikes, artillery etc. The VA also stated that when I was released from the service, I didn't complain of Tinnintus, even though my physical showed hearing loss. I explained to VA that during those years, one didn't complain of "ringing in ears" as it just wasn't done and you'd be bucking for a mandatory visit to the shrink.

[nlualum82]

I don't know beans next to most of the people on here, but I'll start the ball rolling.

I am currently rated 50% for hearing loss. I don't know much yet about the pitfalls of service-connecting, as I had a nedical profile for my hearing after extensive tests right before I got out. SC was almost automatic when I went to the VA weeks later.

If you have any records where you saw a Dr. about your ears, that would be best, even if you can find a scribbled note from sick call or your last physical where you complained about your hearing.

Mine has risen over the years and I haven't had a fight over it because the SC was in place.

I am in the same boat as you on tinnitus. I just had a C & P for it, which is odd because they really can't do anything but take your word or argue. In my case they are argueing because I bucked up also and said "yeah, but no problem" once back in '78. As I find any info on SC'ing it I will pass it along. So far my attempt has been a letter including articles found online and sometimes featuring VA Personnel. One of those states that tinnitus is in the perception of the patient - if you feel you have a problem, then a problem exists. It also says that tinnitus can get worse, or the same effect to the patient may occur when hearing gets worse and the tinnitus has less competition from outside sound.

From what I've read, you didn't do enough to keep your claim alive, and they may have you on the new evidence, especially since they make up the rules and selectively enforce them until you counter with an old service buddy who is a senator or something!

I think you CAN file a new claim, though. The purpose of their process that you've run into is to keep them from owing back pay to your first filing. If they end up giving you compensation, they'd rather it started yesterday than 4 years ago.

Apparently Service Reps vary widely and nobody here would blame you for shooping a new one...or two... I consulted one last year who went ballistic on me for "getting more than I deserved". The people here encouraged me to change my POA, and I found a friendly helpful guy close by. Someone here might even have personal knowledge of one in your area. The long-term advice will be to learn to do it yourself - so many have been shafted or messed up by incompetence that they have become their own best SO.

[Arch]

can anyone advise please? In October 2001, i filed a claim for tinnitus and hearing loss. I was denied on grounds the hearing wasn't bad enough (yet VA issued me hearing aids and counselled me about Tinnitus). At that time I didn't have a letter form a competent source statining tinnitus was service connected or most likely as a result. The county VA rep said to not fight it.

This year, I had another hearing test (private source-audiologisst that is an M.A.). My hearing is worse and the tinnitus is worse. She wrote a letter to VA stating tinnitus and hearing loss was likeley result of service. The county VA rep decided to reopen the case from 2001. However the VA responded that the appeal time from 2001 had expired and they won't reopen hearing. They also said I needed "new evidence" that has not been submitted before. I thought the new hearing exam and letter from the audiologist would suffice. I haven't talked to my county VA rep yet, as I now wonder if he knows what he's doing. Any advice would help.

I served in vietnam usmc as an 0311 infantryman and the noise factor is self explainatory. the audiologist documented weapons, air strikes, artillery etc. The VA also stated that when I was released from the service, I didn't complain  of Tinnintus, even though my physical showed hearing loss. I explained to VA that during those years, one didn't complain of "ringing in ears" as it just wasn't done and you'd be bucking for a mandatory visit to the shrink.

<{POST_SNAPBACK}>

If you can get a Dr. or an audioligist to say the Tinnitus is SC'd thats all you need. And now you can get 10% for each ear if you can Identify the frequencies. Mine is from B52 engine and turbine noise, a high piched whine. My Hearing loss was documented by physicals all along, went from H1 to H2 to H3 at discharge. The Seattle VARO cannot read the regs,there is a specific table for rating hearing loss. If its under that amount the SC is zero. I have one ear completely deaf, one with severe tinnitus and hearing loss. I get the tinnitus but the rater rated the hearing at 50 db loss at two points, one is not considered (5000Hz) so I only get 10 % for one completely deaf ear. Its a spin on VA fuzzzy math, they just dont realize the psych effect of having people yell at you all the time. Check the rating tables for hearing loss!!

[Arch]

If you can get a Dr. or an audioligist to say the Tinnitus is SC'd thats all you need. And now you can get 10% for each ear if you can Identify the frequencies. Mine is from B52 engine and turbine noise, a high piched whine. My Hearing loss was documented by physicals all along, went from H1 to H2 to H3 at discharge. The Seattle VARO cannot read the  regs,there is a specific table for rating hearing loss. If its under that amount the SC is zero. I have one ear completely deaf, one with severe  tinnitus and hearing loss. I get the tinnitus but the rater rated the hearing at 50 db loss at two points, one is not considered (5000Hz) so I only get 10 % for one completely deaf ear. Its a spin on VA fuzzzy math, they just dont realize the psych effect of having people yell at you all the time.  Check the rating tables for hearing loss!!

<{POST_SNAPBACK}>

Addendum, to the last message! I saw many a shrink cause the USAF said I was malingering, those records are gone, combed out of the file. Funny how you can get flashbacks to certain things as I remember a Dr. yanking sheets of paper from personell files during the discharge physical. I was a Medic too, that made them come down harder on me because Iwas allways there to test and pick on. I signed a waiver too which has disappeared. (that would have been worth 100%) That was in 1963, no copy machines were available. Psych? Im so screwed up now I dont even realize what is where!! Or if its real or not? After reading my medical file I get so depressed I cant describe it

Arch Sgt. USAF

[carlie]

Arch,

What is the rule that provides 10 % for each ear for Tinnitus ?

As far as I know it is limited to 10 % period, bilateral factor does not count in Tinnitus.

6260 Tinnitus, recurrent........................................ 10

Note (1): A separate evaluation for tinnitus may be combined

with an evaluation under diagnostic codes 6100, 6200, 6204,

or other diagnostic code, except when tinnitus supports an

evaluation under one of those diagnostic codes.

Note (2): Assign only a single evaluation for recurrent

tinnitus, whether the sound is perceived in one ear, both

ears, or in the head.

Note (3): Do not evaluate objective tinnitus (in which the

sound is audible to other people and has a definable cause

that may or may not be pathologic) under this diagnostic

code, but evaluate it as part of any underlying condition

causing it.

I know there have been many questions on this 10 % and I haven't found

anyone with a rating for Tinnitus at higher than 10 % yet.

If anyone has a higher rating please share it with us.

Best to all,

carlie

[wallyg]

Carlie

With the exception of the one Army guy who won the bilateral award on appeal, probably nobody has bilateral tinnitus being paid. The case is still under appeal by the VA. They don't care how long you have to wait until they comply with the COVA ruling, they'll draw out the appeal as long as possible.

Until (if) they are shot down on the appeal, they will not pay bilateral, even to those of us who either were awarded bilateral, or had filed for bilateral, before the cutoff date. Which was when they revised 38 CFR Pt 4.

Edited September 25, 2005 by wallyg

[Guest Berta]

Read this all fast- but County SOs usually dont have a clue-

Make sure the VARO receives your medical evidence-

Send them copies , certified, with your c file on it-

Dont let the County SO do this-seems to me you have the medical evidence as well as the MOS that supports this-

my biggest concern is that denied decision-in 2001-

That EED can only be recovered with a CUE-if they had some good med evidence but failed to use it-

The biggest problem you have today -as I see it- is to make sure the VARO has received those new reports which are technically an Independent Medical Opinion that supports your present claims.

Have you called 1-800-827-1000 (hit one when VA robot asks touch tone question and then hit Zero for a vet rep)for a status?

Say you are on appeal and ask them to tell you the dates of any of your submissions.If the evidence isnt there , re-send it.