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.

[Art J]

I just got a copy of the VA Audiologists exam for my bi-lateral Hearing loss & Tinnitus claim from my ROI request. She spent almost 10 minutes with me. My civilian audiologist that has been monitoring and treating me for 20 years believes my hearing loss and tinnitus is more likely than not due to military noise exposure. My military specialty is classified as moderate possibility of hearing loss. The VA audiologist decided that it is more likely than not that the hearing loss is due in part to military noise exposure. This hearing loss has significantly progressed since military service which may be due to other factors such as aging. It is less likely than not that the veterans tinnitus is due to military noise exposure. Although the veteran had hearing loss in service, the hearing loss has significantly progressed since service and veteran has only recently repoted noticing tinnitus (6 years ago).

I provided a nexus letter signed by my audiologist, to the VA ... the VA audiologist hadn't seen it and wouldn't read a copy of it at the exam... there were no other patients waiting, yet she seemed in a rush to complete the exam.

At this point I guess I have to wait for a determination and file an NOD? Any other suggestions?

Thanks,

Art

[carlie]

Any other suggestions?

Art,

Please pick a Forum to post your info into as a new topic, this is to prevent

the original member (that started this topic/thread) from getting walked all over.

Thanks

[manning01]

I made an appointment with AMVETS here in Phoenix the NSO guy I talked to sounds very knowledgeable and said he would help me with this issue. He actually sounds like he cares and wants to help what a refreshing thing to get here so I'm glad I looked him up. So I'm giving AMVETS my POA and pulling my POA from the DAV since they can never call a person back when you leave a message to call. Thanks for the insight I know I can learn alot from everyone here and thanks for helping! JM

[carlie]

I made an appointment with AMVETS here in Phoenix the NSO guy I talked to sounds very knowledgeable and said he would help me with this issue. He actually sounds like he cares and wants to help what a refreshing thing to get here so I'm glad I looked him up. So I'm giving AMVETS my POA and pulling my POA from the DAV since they can never call a person back when you leave a message to call. Thanks for the insight I know I can learn alot from everyone here and thanks for helping! JM

I would notify the VA of both - in writing.

[manning01]

I would notify the VA of both - in writing.

Will do that since I'm right there at the VARO seeing my new NSO tomorrow. Thanks JM

[cooter]

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

Coot