Help With My Audiogram

[PappyD]

I am trying to determine beforehand if I have a hearing loss severe enough to qualify for some type of compensation. I have attached my audiogram, done in 2008. I do wear a hearing aid in my left ear and benefit from it's use. Quick history- 53 year old male, 23 years active and reserve duty. Will receive retirement benefits at age 60. Active army from 79-83 in tank battalions. (Where the damage occurred) Remainder of service in reserves. Office job as a civilian.

I have requested my medical records. I believe my PULHES score went from 1 to 2 on my leaving active duty in 1983. I also remember many instances where I was exposed to main gun/cannon fire without protection on gunnery ranges. I kind of knew I had some loss but just figured I had been a tanker and that hearing loss was just part of it. I also have a constant ringing (tinnutis?) that bothers me- especially at night. I did stsrt sleeping with a fan on which helps a great deal. Again, I just figured this just came with the territory.

Some of the references I have looked at would interpret my loss as compensable, but other references refer to the Speech Discrimination as key to any claims. I'm not sure how to interpret my score. The audiogram shows 100/55 and 100/60 in the right and left ears. The bottom number is masking, which I'm not sure of what that measures. Part of of my reason for seeing an audiologist was that I would misinterpret what people would say..."Get my coat" would sound like "get my Goat" etc. So I question the validity of the Speech Discrimination number.

After beginning to wear the hearing aid (not obtained through the VA) I would come in contact with other vets who encouraged me to "make a claim". I have begun filling out the VA Form 21-526 and await the medical records. The county VA office said fill out the form then make an appointment with them.

Any suggestions? Comments?

Thanks for your time.

Pappy

Hearing1.pdf

[justrluk]

PappyD -

I would file. I've just been through this, and didn't have a copy/proof like you have. Your doc, combined with the type of service, dates, etc. and current levels are worth filing for, but the way the VA rates hearing is screwy. In the CFR (http://www.warms.vba.va.gov/bookc.html#f - 4.85 & 4.86), they talk about how they combine/contrast hearing in one ear against the other, use the worse ear and come up with a roman numeral, then rate based on the numeral. I'm not an audiologist and only offer an opinion about your particular hearing loss, but with a drop-off like that, you really should file. They'll give you a speech discrimination exam, followed by the standard 'click the button when you hear the sound' test. With me, rated me, and I'm now waiting on an actual appointment to see if anything can be done. Hope this helps!

[PappyD]

Thanks Justriuk,

I'm learning a great deal from this website too....Anyone else care to comment?

Pappy

[JamesBreckenridge]

Thanks Justriuk,

I'm learning a great deal from this website too....Anyone else care to comment?

Pappy

Yes, you have hearing loss for VA purposes shown by that audiogram. Each ear has a 40db puretone hearing threshold at 4000hz. From the CFR...

3.385 Disability due to impaired hearing.

For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz are 26 decibels or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent.

The next question is, what did your intake audiogram look like, and what did your exit audiogram look like? If there is a shift in hearing thresholds during active duty, your claim will require an audio examination at the VA (to get a proper evaluation) and a medical opinion to determine if your current complaints of hearing loss are at least as likely as not due to noise exposure while in the military.

Try the new Fully Developed Claim process. It'll fastrack you for an exam and opinion. Claim bilateral hearing loss and tinnitus (the ringing in the ears). If your hearing loss is determined to be due to the noise exposure in the military, it will likely be noncompensable, but the tinnitus (if linked to the service-connected hearing loss) would be worth a 10 percent eval.

[JustPLS]

................ Claim bilateral hearing loss and tinnitus (the ringing in the ears). If your hearing loss is determined to be due to the noise exposure in the military, it will likely be noncompensable, but the tinnitus (if linked to the service-connected hearing loss) would be worth a 10 percent eval.

Just out of curiosity, does anyone know how long the VA has been giving compensation for tinnitus? I was service connected for it in 1974 (blast injury in Vietnam), but it was considered noncompensable. I didn't get any compensation until 2003. Thanks for any help!

Edited August 20, 2010 by JustPLS

[JamesBreckenridge]

Just out of curiosity, does anyone know how long the VA has been giving compensation for tinnitus? I was service connected for it in 1974 (blast injury in Vietnam), but it was considered noncompensable. I didn't get any compensation until 2003. Thanks for any help!

Prior to May 1999, tinnitus was evaluated thusly...

6260 Tinnitus:

Persistent as a symptom of head injury, concussion

or acoustic trauma .................................... 10

So it had to be PERSISTENT tinnitus.

After May 1999, it was changed to

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

NOTE: 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.

In May 2003, it was changed to the current version, which reads:

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.

At a guess, you didn't have PERSISTENT tinnitus, but when the regulations changed to allow merely RECURRENT tinnitus to be compensable, your diagnostic code was flagged in the computer for review and a compensable 10 percent was granted. I bet it was granted effective May 14, 2004, the date of the regulation change.

EDIT: Since you were already service connected for it, you may want to consider filing for an earlier effective date than 2003. If you were evaluated for your hearing at the VA anytime after May 1999, and if you reported recurrent tinnitus, that's a federal record that lets us grant an increase effective that date. Take a look at the rating decision that made you compensable and see if you can determine why they chose the effective date they did.

Edited August 20, 2010 by JamesBreckenridge

[JustPLS]

Prior to May 1999, tinnitus was evaluated thusly...

6260 Tinnitus:

Persistent as a symptom of head injury, concussion

or acoustic trauma .................................... 10

So it had to be PERSISTENT tinnitus.

After May 1999, it was changed to

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

NOTE: 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.

In May 2003, it was changed to the current version, which reads:

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.

At a guess, you didn't have PERSISTENT tinnitus, but when the regulations changed to allow merely RECURRENT tinnitus to be compensable, your diagnostic code was flagged in the computer for review and a compensable 10 percent was granted. I bet it was granted effective May 14, 2004, the date of the regulation change.

Thanks for this information, James!

And, no, your guess would be wrong. My tinnitus has been constant since 1968 - it has never stopped since March of that year. I believe it was even noted as constant in my medical records back then, and I have always stated it has been constant. Should I consider a CUE for the 1974 decision if it is stated in service records as constant?

I applied in 2007, and they gave me an ealier effective date (for an examination in Augusta for a previously service-connected disability) after I appealed the date. I should have probably appealed for a date back to 1974, but I didn't know the regulation's coverage from that time.