Does Va Mess With Sc When New Claim Opened

[blanco63]

If I opened a claim for bipolar disorder, are they allowed to and would they mess with my 50% sc migraines?

[carlie]

If I have a C and P exam for the arthritic condition, is my hearing loss awarded in 2002 "at risk", even tho it was documented by the audiologist?

bronco,

For VBA to propose to reduce or sever SC for Hearing Loss they would have to have

medical evidence from Audiology and under some conditions an ENT.

This is specified in 38 CFR.

VBA would also have to consider any 10/20 rules for protection that the veteran

may have already met.

In most cases when a C&P examination is requested for an arthritic condition,

it will not be conducted by either an Audiologist or ENT and most certainly

will not be conducted in a special room for a Hearing test.

jmho,

carlie

[*Bergie*]

If I opened a claim for bipolar disorder, are they allowed to and would they mess with my 50% sc migraines?

I have never had any problems with my other claims after opening new ones. In fact I just won a claim after 2 years and during that time I opened 4 other claims 1 was granted 0%, 1 was denied, and 2 are now "pending". The word "pending or deferred" seem to be favorite words for the VARO. Anyway I would go for it.

Jmho,

Bergie

[JamesBreckenridge]

Well, evidence of sustained improvement can get a non-protected evaluation reduced, or at least proposed to be reduced, but if it's older than five years, it can't be done on just one exam, and has to be at least as good an exam as the one that led to the grant in the first place.

If the VCAA letter mentions hearing loss as one of your SC conditions, that's no big deal. If it says "We are working on your claim for increase of hearing loss" or something like that, you would need to be concerned. If it's not in bold text with a bullet, it's pretty much not up for consideration at this time.

Note: A claim for Individual Unemployabiligy is a claim for increase in ALL service connected conditions, so you'd wind up with an evaluation. I have seen vets who were over-evaluated for hearing loss file for IU, and I catch the error. On the other hand, I also find where the rating decision two or three ratings ago did not apply the Exceptional Patterns of Hearing Loss standard, which can change a 0 percent to a compensable rating.

[carlie]

I also find where the rating decision two or three ratings ago did not apply the Exceptional Patterns of Hearing Loss standard, which can change a 0 percent to a compensable rating.

James,

Great post.

I have never given any consideration to the Exceptional Patterns of Hearing Loss standard.

I just went and looked it over but it's greek to me, I have never been able to get a good grasp on the Hearing Charts.

If possible when you have time can you explain this a little ?

Thanks,

carlie

Edited January 22, 2010 by carlie
more info

[JamesBreckenridge]

James,

Great post.

I have never given any consideration to the Exceptional Patterns of Hearing Loss standard.

I just went and looked it over but it's greek to me, I have never been able to get a good grasp on the Hearing Charts.

If possible when you have time can you explain this a little ?

Thanks,

carlie

Ouch! It's greek to a lot of us, too. We learned in training how to do it the hard way, using the charts and tables. But now that stuff is programmed into our software when we're writing a decision, so all we have to do now is fill in the puretone hearing thresholds and Maryland Word Score and it gives us the text for our rating and the percentage. I could do it if I had to by hand, but it's a pain.

Exceptional Patterns is called "exceptional" because even a moderate amount (55db) of hearing loss at ALL FOUR FREQUENCIES (1000, 2000, 3000, and 4000 hz) has a disproportionate affect on hearing, as does having mild amount of hearing loss (30 db) at 1000hz coupled with severe hearing loss (70 db) at 2000hz. Those combinations are wicked when it comes to understanding day to day speech, even though the vet may otherwise hear just fine.