Help With Final Decision On 2 Year Claim!

[chrisbal]

I just received my decision today and for the most part was good. I went from 50% to 70% with a twist. I was rated 20 percent for TMJ and 10 percent for a scar related to the TMJ. I also filed for an increase for my hearing loss which was currently 10% and the VA came back with "Evaluation of bilateral hearing loss, which is currently 10 percent disabling, is proposed to be decreased to 0 percent. <br style="min-width: 0px; "><br style="min-width: 0px; ">Then later it says "Continued entitlement to bilateral hearing loss currently evaluated as 10 percent disabling is proposed to be reduced to 0 percent. If the evaluation is reduced, the combined evaluation will reduce from 70 percent to 60 percent".<br style="min-width: 0px; "><br style="min-width: 0px; ">I'm confused what the word proposed means in this situation. Does my claim go to another board to see if it is going to be reduced? This claim is almost 2 years old and I know my hearing has not gotten any better. My hearing is horrible and my family knows this and the hearing aids don't help that much. <br style="min-width: 0px; "><br style="min-width: 0px; ">I completely disagree with the hearing loss portion of their decision, what do I need to file or do? Also, from what it sounds like is that I will continue to receive 70 percent until they make a decision, is this correct?

[chrisbal]

Thanks

Edited October 7, 2011 by chrisbal

[carlie]

In the VA's proposal to reduce did they mention anything at all

that supported a reason for them to reduce your comp - like

a new hearing test that was done showing that your hearing loss

no longer falls into the criteria for a compensable evaluation ?

You can also request it on this form if you want.

However you request the hearing - get proof that you submitted it

with a date.

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

Be sure to put something like:

VA Rating Decision dated XX/XX/XXXX stated the VA has proposed to reduce the evaluation

for my SC'd XXX from XX% to X%.

I request a hearing in person at my VARO prior to any further action (or reduction in benefits) being mad on this proposal.

Please notify me in writing of the date you schedule this hearing for.

My current mailing address is on this correspondance.

Sign, date and submit - and do it real quick.

As, sharon and cooter posted - time is of the essence.

JMHO

[mags1023]

Chisbal, this is all great advice you need to follow. The only thing I would add is that you should probably seek VSO representation. The VA will take you more seriously and the VSO will ensure that they follow the correct protocol.

[chrisbal]

Thanks everyone for the help. I filed for an increase because my hearing has worsened but according to the VA it has improved. I called and begged the VA audiologist to see me and they can fit me in on October 26.

I read over the decision again and it says I have 60 days to submit medical evidence showing why they should not make the change to reduce from 10 percent to 0 percent. It also says if I desire a hearing to present evidence one will be granted if requested.

I'm not sure what to do because I just started a new job and if I request a hearing my new employer may not be too happy about me missing work again. I know my hearing has not improved at all. The decibels loss has increased but they are telling my the speech discrimination has improved greatly. I just don't understand it because I guessed on most of the words that I couldn't understand. It's unbelievable. The Army speech test I scored like 40 percent in both ears and the VA uses a different test which says I'm like 90 percent, I just don't understand because I couldn't understand half the words and I guessed.

Also, I was medically discharged after three years in the Army because of my hearing loss and tinnitus. I was involved in numerous firefights during a year deployment to Afghanistan. At one point I couldn't hear anything for a couple weeks but it came back a little. Since this injury occurred overseas durimg a fight with the enemy and I was medically discharged for it am I subject to any type of special pay? Just wondering.

Thanks for all the help my fellow Vets, you guys and gals are truly great people.

[caubulldog]

1. Send in a request for a hearing asap to stop reduction proposal.

2. Get to a audio exam and don't guess,if you can't understand it then that is your level.

3. make certain hearing request is sent in certified return receipt mail.

[chrisbal]

I will send a request for a hearing to stop the reduction process. After I receive an updated exam at the end of October can I just send that in for review and skip the whole hearing route or once a request is submitted I must attend the hearing?