Tinnitus C&p Exam Issues

[manning01]

I finally had a C&P exam on Aug 12th at the VAMC Phoenix for a Bilateral Tinnitus claim I submitted back in May of this year. I just received a copy of the C&P exam I asked for through the ROI office there and not happy what I seen in it. I'm a 20+ year Air Force veteran recently retired on Sept 2010, 2 time OIF deployments and worked on fighter aircraft specifically the F-16 for all that time as a Crew Chief/Aircraft Mechanic. When I went in for the exam everything went well and I explained what I did and my AFSC and the Audiologist seemed to understand oh you worked around jet engines all those years, high power, takeoffs etc. I tried to show her a copy of my SMR and she refused to touch it and also a copy of my medical and OSHA paperwork saying I was on the USAF hearing conservation program for over 20 years and exposed to excessive high noise daily in my work and she took those but not my SMR. But when I read the C&P exam report she selected the statement "Cannot provide a medical opinion regarding the etiology of the veteran's tinnitus without resorting to speculation". The reason given was " Since the C-File is unavailable for review. It is not possible to determine whether tinnitus is related to military service without resort to mere speculation". The papers in her folder she had said I was active duty and my AFSC etc and she blatantly lied in the area 2 under evidence review stating no evidence was reviewed that was not submitted in the C file when I gave her some paperwork that she took as evidence. I can't believe she did that and why the Phoenix RO didn't send over my C file when they are less than a 1/2 mile away and have they have my SMR and my claim is another concern. What can I do besides let them sit on this for another year or longer till they deny it and then have to appeal it over her incompetence and have this held up for years. Can the DAV Rep do anything on getting this fixed now before this sits in the VA black hole for denial and appeal or don't worry about it the claims people will see all my documented paperwork I submitted for the claim and this won't carry really any weight in their decision? Any help and guidance is greatly appreciated.

[boomer2]

If they do deny you, when you file your NOD I would suggest that you request a hearing test by an independent audiologist. I have done this on my last appeal (still waiting on the response) I was told to do this by the VFW. I am currently rated 10% for tinnitus and 0% for hearing loss. My tinnitus is so bad I can hear my ears ringing in a bar with a band playing, been this way since I left Nam. I know that somewhere on this site is a list of MOS's that are considered to be subject to hearing loss and tinnitus. I would also recommend that you use their own rules against them.

Do some research on hearing loss on the VA's site and any other site you can find and submit that info as ammo for your claim. I have read that there is a new hearing test now that is being used to determine your ability to understand words in a noisy environment. I asked my audiologist about it at the VA and she said the VA considers it unreliable. Yea right!! they know they would probably have to give all of us rated at 0% for hearing an increase.

[manning01]

A friend of mine who lives in Florida uses AmVet as his advocate and has been very happy with them.

Coot

I went to see the AMVETS guy at the Phoenix VARO on Thursday and I tell you I got right in and he was a wealth of information and had his act together. He had some papers I could have my local audiologist fill out with all the right verbage etc. All the audiologist has to do is fill in the blanks and give his opinion, rationale, check yes he reviewed my SMR etc and pick one of the six conclusions at the bottom. So for a $35 co pay at my local audiologist and they said they would fill it out I can fire it to him to stamp it and file it with the VA. He also warned me about doing a reconsideration verse an appeal on my results if they come back bad. That way a reconsideration with all this new paperwork "if they don't consider it the first time" it will get done alot faster instead of years in an appeal. I'm happy with AMVETS so far alot more than the DAV here that couldn't even call me back. Sad because the DAV NSO in Philadelphia PA was good and I never had an issue with him. JM

[manning01]

Well I received the opinion letter back from my Audiologist very well done on the ENT's office letterhead and all the right words. He even sent his Doctorate CV as well I think this will help alot since that awful speculation that VA audiologist gave me due to they didn't send her any documentation for her to review. I'm sending it off to my AMVETS rep with some medical records and VA fast letter 10-35 and a VA memo from the director of C&P exams on tinnitus claims all support my claim. Also my C file after all this time (28 Sept 2010) is finally in Decision phase so hopefully in the next 6-12 months I'll get an answer in the mail. As a sidebar I did go in to have my self added to the Gulf War/OIF registry and had the full exam. It was really long 1 1/2hours but not that bad a lot of questions, exposure verifications so I brought in a copy of my SMR, USAF workplace MSDS Hazardous chemical indexes etc and a brief physical. Thanks for everyone's help it's greatly appreciated and I'll keep in touch as this progresses. JM

[JT24usn]

It can't be a denial until the doctor reviews the file and gives an opinion. Right now it is not sufficient for rating purposes. You probably won't have to go back for an exam since the file is what really Needs reviewed. Keep an eye on The Location Of you file. If it goes to the rb then I would be concerned since an Opinion was not rendered.keep in contact with your VSO and have them update you on location. In the meantime send in another copy of what you submitted at the exam. Jmho

[TANKERJOE0]

manning01 anyway you could get me one of those forms that you used for your audiologist to fill out?

im going through the same problem with my tinnitus claim and would love to use that form to bring to a pvt audio dr to fill out for me.

thanks so much and good luck with your claims.

[manning01]

manning01 anyway you could get me one of those forms that you used for your audiologist to fill out?

im going through the same problem with my tinnitus claim and would love to use that form to bring to a pvt audio dr to fill out for me.

thanks so much and good luck with your claims.

Here it is hope this helps, I received these from the AMVETS NSO here in Phoenix AZ. JM

Addition: check out this link http://www.myavaa.or...s_JDVAC2011.pdf it has a great pdf document on fast letter 10-35, Tl 10-2, tinnitus and hearing loss from the VA.

VA hearing loss letter.doc

VA Blank Physician Opinion Letter.doc

Edited October 28, 2011 by manning01