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?

[caubulldog]

The hearing request should stop the proposal until it is heard.I would then send them evidence of hearing asap same way certified return receipt of hearing not getting better.

[chrisbal]

Also, after I submit my updated hearing exam let's say the results show I should be rated at 20 percent rather than 10. Will the VA increase my disability to 20 percent or keep it at 10 percent since I am only submitting evidence on why they should not reduce it to 0 percent?

[caubulldog]

I would think since it is only a hearing reduction proposal, you would have to file a claim for increase in my opinion.

[Berta]

I agree but refer to the new claim in any correspondence over the proposed reduction.

Our esteemed advocate Philip here once helped a vet whose HL rating was proposed to be reduced to zero as I recall.

As I also recall , Philip helped him file for TDIU at the same time.

They dropped the HL reduction idea and awarded him TDIU.

A proposed reduction is a very good time to consider if anything already SC and not proposed to be reduced has gotten worse and would warrant a higher rating or if TDIU would be possible and these should be claimed along with response for a hearing to the proposed reduction.

It is sort of maneuver warfare philosophy.If the enemy retreats,you pick up any ammo or weapons they might have dropped and use those weapons against them if possible.

[carlie]

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?

chris,

It's already been 5 days since this topic started - get the request in for your hearing with

a VA representative now !

If the results of an additional Audio exam is of record prior to the hearing - and the evidence continues

to supports a compensable level of hearing loss - the VA may go ahead and take action on it

and decide a hearing for this issue is no longer needed.

JMHO

[carlie]

Also, after I submit my updated hearing exam let's say the results show I should be rated at 20 percent rather than 10.

Will the VA increase my disability to 20 percent or keep it at 10 percent since I am only submitting evidence on why they should not reduce it to 0 percent?

The VA decision maker should evaluate the percentage level by what the current medical evidence supports,

whether it be zero, 10, 20, 50 or 100% - without the need for you to request an increase.

BTW - when you are taking the additional hearing test that you say you were able to get scheduled, I would

be sure to remain truthful with answers and not exaggerate any responses

BECAUSE the examiner will most likely make mention of something like -

It is my opinion the findings are accurate due to the veterans consistent responses during this audio test

OR

It is my opinion the findings are questionable and unreliable due to the veterans inconsistent / exaggerated responses during this audio test

OR

It is my opinion the findings are questionable due to veteran showing of no hearing loss (whisper test) during interview.

Also, if you have been RX'd a hearing aid from VA - WEAR IT TO THE AUDIO EXAM AND TO THE HEARING, IF ONE IS SCHEDULED !

JMHO