tinnitus Hearing And Tinnitus

[Hollis]

This post is for my oldest brother.By the way he is 70 yo. anyway the VA has given him hearing aids, a wheel chair, a new ramp and a power chair. But he is not SC. The VA sent him to a GOVT. HEARING CONTRACTOR for a hearing test. The test was the 8 of Aug.he was told he had a hearing bad loss. So he got a letter Wed and he was denied, again. He went to get a copy of her report, she told him that she wasn't allow to give out that infromation. QUESTION here is she right? My brother never served in combat he was a helicopter machanic. so any help or advice here would be greatly .

thanks

his little brother

Hollis

[Hollis]

Thanks for you quick response. We will see what the local Va officer has to say tomorrow. I told him I thought he could get a copy. anyway thanks.

Still waiting on a response myself on my PTSD and back pay on my hearing loss

[USMC5811]

Hollis I am hoping that the Service Rep has the answers for you. I hope you don't mind if I ask a few questions myself to the elders/more knowledgeable members of this forum.

I am hoping one of the elders or more knowledgeable members of hadit.com might help me with a few questions....concerning this. I'm just trying to learn......

After reading several court of appeals decisions where the Vet has been tested for hearing loss and does indeed have hearing loss. The vet was in an occupational specialty that is included in FL 10-35 and/or was in combat. The vets records are silent (nothing in his SMR that shows hearing loss). I believe the older hearing tests consisted of the whisper tests that have been proven not be reliable....and sometimes there were no exit from active duty hearing tests performed or just another whisper test. The reasons why I even mention the older hearing tests is because I read that one VA C&P doctor stated in his report, in one of the cases I read, that "noise-induced hearing loss occurs at the time of exposure, not after the noise has ceased".

My question: Realizing that it just might be an uphill battle given the years between exit from active duty and request of service connection for this contention. I would think that it would be of benefit to at least try to obtain an IMO where hopefully the specialist will be able to provide a Nexus between the vets current hearing loss and his military occupational specialty (citing FL 10-35). If there are any other hearing tests, other then the latest one, some 40 or more years AFTER exiting the service those of course I would think would definitely be a help in reference to the IMO. Would statements from lay person's friends/family stating that it was obvious that he had a hearing deficit over the years (after exit to present) be considered in this case? Would it give more credence if the specialist who writes the IMO refers to the Fast Letter and possibly some medical research that has been done in regards to hearing loss/tinnitus in regards to the onset etc then say if the FL was pointed out by the veteran.

My thinking is the VA will continue to deny the claim because there is not a Nexus/IMO between the hearing loss and service given the time between leaving service and being tested and will as I have read in several of the denied Court of Veteran Appeal cases state this.

United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948); see also

Gilbert v. Derwinski,

1 Vet.App. 49, 52 (1990).

In this case, the Board based its decision on a finding that the appellant

had failed to show a nexus between his currently diagnosed of hearing loss and his service R.

at 9-10. The Board observed that there was an "absence of any diagnosis of the claimed

hearing loss in service and post service medical records between discharge in 1969 and the filing of

the claim in 2001, over

thirty years later."

OR Is this a case where FL alone will suffice to prove service connection, if indeed the most recent hearing test shows a notch or if there is an EAS hearing test that shows it?

The Board also notes that Training Letter 10-02 was issued in

March 2010 regarding the adjudication of claims for hearing loss

and tinnitus. In that letter, the Director of the VA

Compensation and Pension Service indicated that the two most

common causes of sensorineural hearing loss are presbycusis (age-

related hearing loss) and noise-induced hearing loss (caused by

chronic exposure to excessive noise). It was also noted that the

presence of a notch (of decreased hearing) that may be seen on

audiograms generally at frequencies of 3000, 4000, or 6000 Hertz

with a return toward normal at 8000 Hertz may be indicative of

noise-induced hearing loss.

I appreciate any response in reference to my train of thought - as I stated I'm just trying to learn. Thanks in advance.

Edited August 27, 2012 by USMC5811

[broncovet]

USMC

The excerpt you cited from Gilbert Derwinski, was the BOARDS findings, which was remanded by the CAVC. More on Gilbert Derwinski here:

http://asknod.wordpress.com/2011/09/28/cova-gilbert-v-derwinski-1990-the-dawn-of-the-court/

While I have stated this in other posts, I will mention it again. The VA has to rate BY THE CRITERIA. The VA does not rate based on the color of your hair, your age, your gender, or how long it has been since you have been out of the military. That is not one of the criteria.

However, the Regional Office, and the BOARD sometimes tries just that. ITS BOGUS. You can not be denied SC for hearing loss (and have it stick upon appeals) based solely on "time since military service".

My RO denial was for just that..."time since military service". I appealed and ultimately prevailed, but it was a long battle. This is particularly applicable to hearing loss because:

1. Hearing loss most often gets worse over time.

2. You may not notice the hearing loss or "self deny" hearing loss, sometimes for decades. The average HOH (hard of hearing) person does not seek treatment for hearing loss for a decade after the onset of symptoms.

3. The noise exposure in the military can/does cause hearing loss and this often deteriorates at the rate of about 2.5 % per year. The "passage of time" does not provide proof your hearing loss was not caused by military service.

Here is what will likely help you, if applicable:

1 Your audiologist needs to give you a nexus. "The Vets hearing loss is at least as likely as not caused by noise exposure during military service". Your audio would need to explain. Something like: "The Veteran is negative for noise exposure after military service. He did not work in a loud factory setting, and was not a member of a band. The Veteran also was not a jet airplane mechanic, but instead was an accountant for 20 years. Because of this, my professional opinion is that the noise exposure working on jet aircraft in the military from 1964-1968 was at least as likely as not the cause of the Veterans hearing loss.

[USMC5811]

Broncovet

Thank you very much for taking the time out to provide your insight and for providing the link. It's just mind-boggling how many vets are denied service connection or compensation by the raters etc - given the benefit of doubt rule and the criteria that they are suppose to make their decisions on.

I am slowly making my way through all the previous posts on the forum to gain knowledge...thanks again.

[stillhere]

I was denied for years even though my MOS Generator repair maintenance on a military flight line of choppers. I also served combat for a while before my MOS position opened up. Many of US Vietnam vets did many different jobs while in the nam. I lot of which are not in our records.

Lucky I had some pictures taken and was able to hook up with some old buds after.

Run this past your brother and see if it jogs his memory a little. I know it has been a long time but because I suffer from PTSD I dream and think about it often seems like yesterday!

I was finally awarded 70% hearing loss and 10% tinnitus back to 2008.

[68mustang]

I also was denied several times since 1989. I finally went to an ENT doctor who wrote up a letter stating that my hearing loss and tinnitus were due to military jobs that I did during my enlistment. I also provided the VA with a list of jobs I did since I got out in 1971. None of the jobs were of the type that had any hazardous noise exposure. Plus I also had my wife write a buddy letter stating that the jobs I had listed were jobs that I had worked on after I got out of the military. I also got in touch with some of my military buddies and they also wrote buddy letters for me. They wrote about the hazardous noise conditions we worked in and the lack of hearing conservation programs at the time. The Va wrote in one of the denial letters that I had not complained about hearing loss or tinnitus during my enlistment. While that was true that I did not complain at the time about hearing loss or tinnitus, I provided the VA with info I had obtained. That info stated that in some cases hearing loss and tinnitus could happen immediately after exposure, but in many cases it may take decades before hearing loss or tinnitus becomes apparent. There are many hazardous exposures that military service people have been exposed to. The medical conditions associated with those exposures might take years or decades to appear, but the VA will say you did not complain about any problems associated with those exposures. There is info on the internet and on the VA web site that you can use in the claim. I used the VA's own info on hearing loss and tinnitus as a basis as to how long it might take hearing loss and tinnitus to become apparent. The VA does the same thing about asbestos exposure. It turn me down on a claim having to do with asbestos exposure because I did not have any symptoms and that I did not complain in the 1960's and 1970's about the asbestos exposure. In other words they put the monkey on my back and I countered with how was I supposed to know about the dangers of asbestos exposure back then when even the Navy made no effort to protect me and countless other sailors. I looked up info on the VA web site and other web sites that dealt with asbestos exposures. Almost all of them stated that medical problems associated with asbestos exposure could take years or decades before manifesting themselves. I sent copies of the info I found with the VA claim. I also got buddy letters stating that we were exposed to asbestos and the lack of asbestos exposure protection and lack of information on the hazards of asbestos exposure.

As I have stated before the VA will deny a claim stating that the veteran did complain at the time about the disability. We hear that time and time again. There are ways to overcome it, but it takes time and effort.

68mustang