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.

[free_spirit_etc]

"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."

If he can't separate out what role any of the factors played in the hearing loss (without resorting to speculation...) couldn't that kick in

http://www.va.gov/vetapp07/files4/0732329.txt

"The Board also notes that when it is impossible to
separate the effects of a service-connected disability and a
non-service-connected disability, reasonable doubt must be
resolved in the veteran's favor and the symptoms in question
attributed to the service-connected disability. See
Mittleider v. West, 11 Vet. App. 181, 182 (1998)."

Edited October 23, 2013 by free_spirit_etc

[Asiadaug]

I live overseas and have two audiograms which diagnosed SNHL and noted my symptoms of tinnitus (which is really the bigger of the issues for me...except my wife is always screaming at me... )

Anyway, none of the EENT doctors (the audiologist basically report findings to the EENT) will provide IMO.

I was a rifle range instructor last year and a half before I ETSd. No hearing protection. Is there anyone out there that has info on vet friendly audiologist that will look at my file, my 2007 and 2012 audiograms with SNHL and give an IMO?

Where would one find such a specialist?