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Appeal For Bi-Lateral Hearing Loss Deniedi


cugino

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i have filed a claim for hearing loss that was denied and an appeal that was just denied on 1-17-12 after waiting another 2 years. even though VA has conceded my hearing loss is signifcant and caused by my military service on the flght deck of USS America and i failed 2 hearing tests at pension comp hearings, given hearing aids, and have been seen by private audiologists since 1997, they claim that according to Puretone threshold, something new to me, my hearing misses being compensible by 1/2 of 1 percent. 40% in one ear, 43% in the other, avg. 41.5%, 42% is the threshold. to make matters worse they have conveniently not included my records from 1997 in their statement of case and have got other drs. dates wrong. they now say i must file yet another appeal to the BVA in wash. d.c. in 60 days or less or my case will be closed. no one seems to know what i should do. i belong to PVA and cannot get anyone knowledgeable on this subject to advise me. should i hire a private att'y or just give up. any advice will be appreciated. sorry for long post, lots of info. thanks.

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i have filed a claim for hearing loss that was denied and an appeal that was just denied on 1-17-12 after waiting another 2 years. even though VA has conceded my hearing loss is signifcant and caused by my military service on the flght deck of USS America and i failed 2 hearing tests at pension comp hearings, given hearing aids, and have been seen by private audiologists since 1997, they claim that according to Puretone threshold, something new to me, my hearing misses being compensible by 1/2 of 1 percent. 40% in one ear, 43% in the other, avg. 41.5%, 42% is the threshold.

cug,

Please clarify.

1)Your claim for service connection of a hearing loss has been denied and remains as non- service connected.

OR

2) Your claim for service connection of a hearing loss was granted as service connected and evaluated at zero percent.

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my original claim i was awarded 0% which i appealed and was just denied on the basis that while VA concedes my hearing loss was caused by military service, flight deck, it is not severe enough for compensation based on puretone threshold average which is 41.5%. 42% gets a 10% rating. i took 3 tests at VA and have records with private audiologists going back to 1997, but no puretone averages are mentioned. i also am suspicious of which VA test they are basing their denial on. after 1st test i got hearing aids, i complained about my hearing and was given another test, then i filed claim and had a pension comp hearing and another test. in every test in every decibel level, 1,000 - 4,000 i had diminished hearing, as high as 65db in some levels. since VA has given me results of only one test result in their statement of case how do i get the other test results? is this normal procedure? it seems they can pick the test with the best results and base their denial on that. i was told by my PVA NSO that it was a mistake and i would surely win on appeal with all the evidence i had. today i called PVA headquarters in wash. d.c. and i'm still waiting for a call back from someone who can explain hearing loss rating. that was 7 hours ago. is it really that complicated that no one knows how they decide rating? their own tables say i'm disabled. it is conceded that it is service connected. it is bad enough to give me %6,000 hearing aids, but 0% compensation. and now i have to file for another appeal with BVA. i know VA is illogical, but this seems over even their line.

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their own tables say i'm disabled. it is conceded that it is service connected. it is bad enough to give me %6,000 hearing aids, but 0% compensation. and now i have to file for another appeal with BVA. i know VA is illogical, but this seems over even their line.

I am one of thousand of vets SC'd for hearing loss at zero percent and wearing

HA's provided by my VAMC.

If you file the NOD and if the VBA decision maker determines that your hearing loss

falls into a compensable level - then you would/should be compensated accordingly.

Hearing loss just because it's adjudicated as SC'd does not always equate to additional compensation.

Also something to consider is that, your profile shows you are currently in receipt of VA comp with an

evaluation of 60 percent.

It's very possible and probable that even if VBA comps your hearing loss at an additional 10 percent,

it most likely will not increase your total comp to a 70 percent evaluation.

In other words - you might do all this fight and NOD - appeals - for no additional benefit.

I've learned the hard way to pick only the most important fights and let the little nothing ones

go by the way side.

JMHO

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i don't understand why 60% plus 10% doesn't equal 70%. this fight is important to me because with 70% i can apply for unemployable and get 100% which besides more income badly needed in fla. if you are 100% you pay no real estate tax a big savings. i'm still stuck on why if i get a 10% increase it doesn't necessarily mean i would get a total of 70% rating. do they use a different method of calculation? or is it just another VA trick? now i'm totally confused. i've already wasted years on this case and you think it's not worth it. please explain. not trying to be a wiseguy. it just doesn't make sense to me. thanks. besides, i've lost my hearing. isn't that worth something?

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