tinnitus Hearing Loss & Tinnitus N&m

[harleyman]

Has anyone had any luck with reopening a previously denied claim for hearing loss and tinnitus due to acoustic trauma. The claimant is highly probable for noise exposure due to MOS (Military Police).

Veteran filed a claim back in 2006 denied in 2008 for both HL and tinnitus, as the Veteran was honest and told the examiner he fired guns after his discharge from service. So of course VA blamed the hearing loss due to his after service recreational shooting of firearms.

Of course they ignored that he was an MP in Saigon during the TET offensive and exposed to loud blasts and gunfire during two tours in RVN.

Not sure if a private exam and DBQ or if just having VA do another exam based on the newer standard of MOS and presumed acoustic trauma is enough to have them give him a fair shot.

Any comments on how to have this re-opened and WIN is appreciated especially success stories, as he probably will only have one real shot at having this denial changed to a grant.

[harleyman]

Berta, this is the exam used for the denial of hearing loss. The Veteran was very honest to say the least, but it does not appear they reviewed the STRs. His records show only a discharge exam evaluation showing a slight change in the upper rages at 5. All the rest show 0. Not sure how reliable it is, as the Veteran says he was not given a hearing test upon discharge. Maybe it was an estimate or something. Kind of like the Whisper test. (?)

THE exam is as follows;

Xxxxx xxxxxx , male reports to the clinic for an audiometric evaluation. Vet reports a hearin loss since the war and a bilateral constant “whistling” since approximately 1968. Prior tojoining the service, the vet worked in a lumbaryard restaurant, and as a folk musician. He first fired a weapon at age 10. He is right-handed shooter and last fired a couple weeks ago. He was in the Army from 1966-1969. He was an MP around explosions, machine guns and other combat noise. He was with the 6^th Army pistol team. He states he sometimes wore hearing protection when it was available. After the military he worked for Brinks Armor car, as the manager of a gun department, and then become a physical therapist. He doesn’t do much ATV riding and wears a helmet when riding a motorcycle. He quit smoking 12 years ago. He does not know if he had head trauma. Hell fell off his motorcycle a couple of times, and broke up bar fights that may have knocked him out for a few seconds but does not recall any changes in hearing as a result. He denies ear pathology and family history of hearing loss. He stats he does not have vertigo but gets dizzy. He attributes it to his medications and various illnesses.

Worst listening situation= everything.

Normal ostocopic examination

Audiogram in Deliverex and Vista Imaging

Right ear left ear

500Hz: 15 20

1k 15 25

2k 20 25

3k 50 45

4k 55 50

1-4khz 35 db 1-4khz Avg. 36.25db

Word discrimination 92% right and 92% left

Audiologic evaluation Complete

Findings indicate moderate to moderately-sever HFSNHL AU with good discrimination

Today’s hearing loss is NOT a direct result of military noise exposure. Overlying factors such as

Aging, genetics, medications, disease, occupational, recreational and /or environmental noise along with what role if any the military may have had in today’s hearing loss without resorting to mere speculation or a review of the Vet’s military medical records assuming hearing test results are present. Same with tinnitus.

_________________________________________________________________________________

Berta the Rating decision is as follows:

Service connection for bilateral hearing loss is denied since this condition neither occurred in nor was caused by service. A review of your service records shows you with normal hearing at the time of your separation from service. VA outpatient treatment reports shows no evidence relating this condition to your military service. Recent VA exam shows the examiner giving the opinion that your hearing loss in not related to your military service. We have received no evidence relating this condition to your service.

The same verbiage is also used for tinnitus. The tinnitus decision not mention possible head trauma or anything mentioned in the exam about physical altercation as an MP. They did say:

The examiner gave the opinion that the tinnitus is not related to noise exposure that you may have had during service. We receved no evidence relating this condition to your military service.

While looking over the decision there are other interesting issues.

The Veteran claimed PN of the upper extremities that was not addressed in the decision at all. Like they totally missed it. Still going through the records.

He claimed IBS due to his medications, and they agreed his diarrhea was due to his medication of Metformin, but they denied the IBS as it was due to medication and implied he should have stopped taking the medication to stop the stomach and bowel issues. (?) I am surprised they did not give him something for voiding issues.

Also, he claimed HTN. The hooked him up for "0" percent, but in the decision the told him:

We have asigned a 0 pecent evaluation based on review of private treatment reports, VA outpatinet treatment records to inculde recent VA exam which shows you with blood pressure readings of 182/78, 179/82, and 178/80. A noncompensable evalution is assigned unless diastolic pressure is predominantely 100 or more; or unless systolic pressure is predominantly 160 or more; or that you have a history of diastolic pressure predominantly 100 or more requiring continous medication for control in order to warrant a higher evaluation.

Am I missing something Here? Doesn't he have 160 or more on three readings which would warrant 10%.

I appreciate everyones input on how to do this and value each and everyones efforts on behalf of helping this Vet. TY

[Hollis]

I was denied in 83. I did not get a C&P I was just denied. I file to reopen in 2008 and they reopen my claim. I also had requested my SMR. I wert thru it like a fine tooth comb. I founds my discharge showed my hearing was 00000000, all pencil in. Within a year I had 3 C&P alone with a private hearing test done by Beltone and a letter by the audiology who stated it aggravated by being expose to military weaponry. Plus I had fast track letter showing my MOS was number one cause of hearing lost. In all I was granted 20%per ear and 10% for tinnitus. If I can help in anyway PM me and I will see what I have will help you.

[harleyman]

Thank you Hollis, I am still going through the records, I certainly believe he will need a private audiologist and opinion with rationale, but I am sure his hearing is much worst as I have to talk very loud on the phone with him and my brother says his TV is always to the max. I truly believe him to be an honest person, but I do think he deserves s/c for this as his war experience should be the equilizer as far as recreational vs combat exposure. I will keep you posted. TY

[WVSERVER]

Some of these links may or may not shed some new light on this.

http://vets.yuku.com/topic/82058

http://www.va.gov/vetapp13/files1/1300182.txt

http://www.vawatchdog.org/Hearing_Loss___Tinnitus.html

http://deafness.about.com/cs/latehearingloss/a/veterans_2.htm

http://www.veteransforamerica.org/wp-content/uploads/2008/11/3-Compensation.pdf

http://38uscode.com/BVAappeals/BVA%20Cases/Lay%20evidence/0719862.txt

My situation was a little different; I applied for tinnitus and hearing loss 6 years after my discharge. My saving grace was the Civilian ENT that the military sent me to he was an ex USAF DOC and new exactly what I needed even though I did not at the time. His test showed that I had high frequency hearing loss and subjective (Always present) tinnitus. Before I left his office that day he provided me with a copy of a letter he wrote that went back to the med group and in my records on base and at the civilian hospital. The letter stated that the hearing loss and tinnitus was a result of noise exposure due to my job as an Air Force Security Police Man, (Security Forces, his info was a little out dated) it as stated the types of long term nose exposure (Gun Fire, Helicopters, Simulated Explosions and HUMMVEE Engines) and gave an official diagnosis along with a treatment plan.

Even though I provided this letter to the C&P audiologist she stated that since my STR showed I had chronic fluid on my ear and that I have never been in combat it was not likely connected to my service. Even though she had the intention of getting it denied by not accepting the letter which was written during my services dates and marking the less likely than not box she stilled proved service connection in her conclusion statement. Luckily the RO could read that day and read the letter and granted connection for tinnitus and denied the hearing loss as I have it but did not meet the threshold for the VA.

[harleyman]

WOW, thank you so much. I have alot of homework here to do. If we can get this S/C with th tinnitus and then also he HTN they botched that will make a big difference in the orginal decision. There is so much to this particular case I am a bit overwhelmed and it will take some time to get everyting together, as I would lile ti submit this as an FDC claim for faster processing. We'll see if that happens, but first I need to get all this organized so he can submit the new evidence.

I think there is a CUE involved here as well. Hopefully, people will chime in on that as well. In the mean time I will read all your links and start taking some notes, to get this organized. TY

[TiredCoastie]

Hopefully this vet's SMR has some sort of record showing some sort of entrance and exit audiology test results. One would think those would be most critical. Did Vietnam era personnel get hearing tests at any point?

As a former competition pistol shooter myself while in uniform, this is a huge source of extra noise exposure. I used to wear double hearing protection and still had damage to my hearing that the corpsmen would point to during my annual exam. Unlike recreational shooting which can be expensive, shooting Uncle Sugar's ammo in large quantities on a daily basis and, depending on the course even indoors, there are a lot of possibilities for extra hearing loss within normal duty assigned. Berta mentioned the noise on ships for us sailors -- that's what got the rest of my hearing, between engine noise, the main battery, various machine guns, and all the various noises.

So, Harleyman's friend was in combat and, when not in combat, was shooting a couple or more of boxes of probably .45 hardball a day. Sounds like hearing protection for competition shooting while in uniform was occassionally available. Even if it was .22, that's still going to make a dent in the man's hearing, protection or not.

Oh, BTW, for right handed shooters, our left ears take the beating...EVERY audiologist knows this. They look at my test results (lost count how many I've seen over the years), and they tell me I'm a right handed shooter. In Harleyman's friend's case, his right ear is the worse of the two. That negates any nonsense about recreational shooting a couple of weeks prior to the C&P having any bearing on his C&P results and points directly to combat noise trauma -- others shooting in his vicinity, explosions nearby, etc. Add this on top of competition pistol and there you have it...

Having not served until the mid-80s, it seemed like I have a lot of hearing tests in my SMR. Most of the folks I knew getting out of the service had gotten the word to make sure all their medical issues were fully documented, so that word is out there. Of course, that can be a fine line between making sure everything is documented and treatment shown and getting oneself tossed out via the Medical Evaluation Board process.

Great case, Harleyman. Hope you can get to the bottom of it and square it away ASAP.