Using Studies From Medical Association And Other Sources

[Mil T]

Hi.

I'm not sure if this is the best place to ask this but I'll start here and if it is necessary to move it, I'll let Admin do it.

I have a question regarding using various study's regarding certain disability's that can be used as medical evidence.

Case in point is using the following;

NOISE AND MILITARY SERVICE

Implications for Hearing Loss and Tinnitus

Committee on Noise-Induced Hearing Loss and Tinnitus Associated with Military Service from World War II to the Present

Medical Follow-up Agency

Larry E. Humes, Lois M. Joellenbeck, and Jane S. Durch, Editors

INSTITUTE OF MEDICINE OF THE NATIONAL ACADEMIES

THE NATIONAL ACADEMIES PRESS

Washington, DC www.nap.edu

http://www.nap.edu/openbook.php?record_id=11443&page=R1

This study was ordered by congress and commissioned by the VA. There is a lot of good evidence to counter what sometimes are flakey reasons for denials on claims from the VA. Such as the comment that there is no evidence from your medical service records of tests showing complaints of a hearing loss or tinnitus during or immediatly after seperation.

The study clearly showed that there mostly were no entry or seperation Auditory exams to show this could have happened. In the Army, for instance that from WWII to 1970 only 4% military personel were given auditory exams upon entry or seperation from Service. This stat should be able to support the idea that the VA should not or cannot use the comments that they use to deny a nexus. The fact is that the miltitary never gave adequate exams. They relied on the whisper tests in those days and most of the time never gave those correctly. If you were given one of those then how can the VA deny based on what the law criteria says now that must use an Audio Test to show the disability levels for award of disability. I know most Vets I talk with and also my own experience, (Vietnam) were given one choise of that if you wanted to wait around for the test they would let you but most of us were getting dero's out of Vietnam and certaily did not want to wait around for anything. We just wanted to get out of town and home as quickly as possible so the test was to line up on a wall and the examiner was 20 feet away asking everyone if they can hear him ok. Of course everyone could hear him ok. Usually a response would be YEA, Were's the closest bar??

There are other disabilities that are supported by different studies that the VA has commissioned in the past that can be used for evidence.

One comment in another study states that tinnitus is a symptom of hearing loss. I have seen award letters come back to say that tinnitus is denied but they get an award for Hearing Loss. Kind of an oxy-moron if you as me.

I'd like to get some opinions from others that file claims and assist others in filing claims such as VSO's etc.

I help Vets in my little town file claims all the time and have used some of these studies but have never really found out if they could be considered an IMO per-sey or if it is just good layman evidence.

Thanks,

Mil T

[carlie]

Here's fanaticbooks link for Duty MOS Noise Exposure List.pdf

[jbasser]

Carlie makes an excellent point. The studies and research are great tools to have but without a medical nexus connecting the dots to your individual illness to those relations showed in the studies and referencing those studies would have negative consequenses.

I have seen some pretty ugly responses from the VA to a Hadit member regarding studies on chemical exposure even with a solid IMO so I doubt the RO would have the capacity to rate a claim with the complexities involved which basically means be prepared to go to a higher level where the legal precedence is taken more seriously. (BVA)

J

[donna68]

Mil T,

As far as tinnitus, the VA doesnt service connect symptoms, however they connect conditions or disabilites. Tinnitus, it IS ASSOCIATED with hearing loss, but to the VA it is not a symptom, otherwise it wouldnt be service connectable. Tinnitus must be diagnosed by an Audiology exam to be granted, so if a veteran only reports tinnitus, but it is never formally diagnosed, the VA doesnt generally grant it.