tinnitus Denied Again

[frosty69]

I was denied again for Tinnitus, bilateral hearing loss, bilateral otitis externa, and upper respiratory infection.

I have medical records in service to prove otitis externa, and upper respiratory infection, but that isn't good enough, and have suffer with UPI ever since, although, don't go to a doctor every time I have the symptoms, as I learned to live with them, and never even considered that I could get service connected for it, until about a year ago, hence no medical records, except at the VA, tinnitus in a coin toss, what I have read on the BVA site for veterans cases, some get approved and some don't with the same evidence I have, some if you have been in combat and around loud noises, they get granted, others get denied. Oh well, will be appealing all to the BVA anyway, what gets me, is that statement, no new eviedence, so claim is denied, trouble is they never look at all the evidence, hence keep submitting the same evidence until they learn to read it all.

[carlie]

Vike 17,

First of all -- thanks you are proving to be quite an asset .

You know you'r stuff and give good advise.

This is the only post I've seen of yours anywhere that I would

disagree with.

"frosty69,

I don't think you can receive seperate ratings for hearing loss and otitis externa, as this would probably be pyrmiading because they both involve the same etology. The VA would assign a rating for the most disabiling condition and take into condsideration the other disability when assigning the percentage. "

The symptomology for hearing loss and otitis externa do not overlap.

I'm S/C at 0 % hearing loss6100, 10% for 6200, 10 % for 6260.

I do realize otitis externa is 6210.

OMO and I do so value your contributions here - thanks again.

carlie

[Vike17]

Carlie,

In my post to frosty69, I stated I "think" that would be the case in his situation. I wasn't stating it was written in stone.

I did look at the rating schedule for this particular issue and I must admit it is claer as mud! For example, for DC code 6200 it states; "Evaluate hearing impairment, and complications such as labyrinthitis, tinnitus, facial nerve paralysis, or bone loss of skull, separately" I'm not sure what labyrinthitis is, but the others listed are in actuality other "bodily systems" so to speak, as the skull and facial nerves are not a direct part of the ears.

Then for DC codes 6202, 6202, and 6204 it notes; "Objective findings supporting the diagnosis of vestibular disequilibrium are required before a compensable evaluation can be assigned under this code. Hearing impairment or suppuration shall be separately rated and combined" 6201 and 6202 will be rated under hearing loss and 6204 will be rated, if objective finding are present, seperately because vestibular disorders, like Tinnitus, is preceived to affect the rest of the body. Does this make sense?

For DC 6205, Meniere’s syndrome, it states "Evaluate Meniere’s syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205," This means it is to rated under the criteria mentioned, which takes hearing loss and vertigo into consideration together, or by rating it seperatly under the other criteria because they affect other "bodliy stsytems," i.e. vertigo and tinnitus ect..., not both.

Under DC codes 6209-6211 and 6260 it notes; "A separate evaluation for tinnitus may be combined with an evaluation under diagnostic codes 6100, 6200, 6204, or other diagnostic code, except when tinnitus supports an evaluation under one of those diagnostic codes" It appears that this could be rated sepeartely from Tinnitus except when the above codes also take tinnitus into consideration in the evaluations. My take on this: Tinnitus is rated seperately because it is preceived to affect other bodliy systems.

It looks like otitis externa can be rated seperately from hearing loss or Tinnnitus, not both as I think Frosty69 claimed all three conditions. I'm sorry I should have stated that a bit clearer.

Does this all make sense? I think I just confused myself!

Like I said: clear as mud!

Vike 17

Edited August 8, 2006 by Vike17

[carlie]

Vike,

You've got me laughing really good on this one ---

It's so muddy I'm scared gators might be hiding in that creek. lol

I'm running _ _ _

carlie

[Alex]

The danger with filing one good claim with 9 BS ones is that the VA may think you have 10 BS ones. This really happens. I would thnk twice before filing a claim for something I acquired in service unless I was treated for it there or I can get a doctor to say it is "at least as likely as not" that I acquired it in service. If you really want to know why it takes too long to get a claim through VA. iy'd because they are overworked with sifting through claims that are non-starters.

[frosty69]

Alex

Unless you know something, I don't, I don't feel any of my claims are BS, what I file for that I feel is service related, either it was a pre-existing condition, of which I have 3 different ones, or it was a injury or illness that I acquired in service, and have proof of, but the VA refuses to look at the evidence, like my hyphosis of the spine and back injury, in basic training, I went into the doctors with pain SHOOTING DOWN, from the spine, with the VA denials, they say my pain shooting down, comes not from my back, but from my flat feet, like i have tried to point out to them, pain shooting DOWN, means down, from the spine, not UP from the feet, like the VA states in their denial. In my flat feet claim, I was denied, because the examiner went by what I told her, not my SMR, as according to the VARO, she didn't have any of my records, not my fault, theirs, but still denied, and you call this BS claims, I am starting to think you must work for the VA, as that is how they think. Lot of my claims are secondary to my service-connected PTSD and my diabetes, maybe you feel that isn't worth filing a claim for, but I do. as for the statements as least likely as not, I have that statement, and also more likely then not, on many claims from the Doctors, but still been denied, with the reasons, at the C&P exam, the examiner didn't have all of my SMR and c-file, then to be denied for this lame excuse is beyond belief, as it is the job of VARO, to make sure the examiner has all the records, but to deny for that reason, is bordering on fraud. if you have that many claims that are non starters, then can see why you feel that way, but all mine are legitimate claims, I don't expect to win all mine, not because they are not legitimate claims, it is because I won't live that long, the way the VA system works, when I won my case from 50% to 70% with TDIU P&T, it took 56 months, to your way of thinking, being it took such along time, then it was a BS claim.

this statement you made, below, makes me believe you are a VA employee, maybe you are not but don't ever tell me my claims are 90% BS, unless you have written proof. over worked, VA emplyee's THAT WORK in claims, give me a break, I can go to our local VARO, on any given day, and i have, and they are sanding outside, smoking, BSing, or sitting in their cubicles talking and laughing, they wouldn't know what a full day work felt like, about the lasy's people I have ever seen. job for life, that don't depend on doing a good job.

(why it takes too long to get a claim through VA. iy'd because they are overworked with sifting through claims that are non-starters.)