Question About Hearing Loss

[ktm rider]

New to the site but been lurking for a while. I served in the Navy from 88'-92'. I worked on the flight deck of a carrier the whole time. ( catapults). Last year the wife decided she had just about enough of repeating herself so she pretty much demanded I go to the VA.

Long story short, I was awarded 20%. 10% for Tinnitus and 10% for insomnia due to the tinnitus. ( according to ebenefits) . I have yet to receive my award packet though. However, I did not receive anything for my hearing loss and that was the reason for going in the first place.

The examiner claims that I had no hearing loss when i entered the navy and no hearing loss on my exit exam.

The problem with that is that I can not remember doing a exit hearing exam. I do remember that I was allowed an early out to attend college. This was a last minute decision apparently because i only had one day to complete the entire checkout procedure. the ship was pulling out the next day, And that was no easy task.

I also requested my medical records last year and did not see any exit hearing tests at all.

I am required to take a hearing test yearly at work and always fail it. .

I could have swore i once read that there were certain rates that were pretty much a lock for getting rated for hearing loss and Aviation Boatswains Mate was high on the list.

Edited November 15, 2013 by ktm rider

[Philip Rogers]

You need to appeal the hearing loss. Since you're kinda new to the VA system, bear in mind that they are like an insurance co that doesn't want to pay. You need to pursue your claim. Did you get hearing aids, at least??

pr

[ktm rider]

Not sure what I am entitled to as of yet. Like I said, I haven't recieved my packet in the mail yet. All the info I have is from ebenefits......

I have a feeling they do not want to put me into the 30% and higher category.. I certainly hope I am eligible for a hearing aid. That was the whole purpose of going to the VA from the get go.

[Berta]

Yeah, appeal iot with this Fast Letter:

DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C. 20420
September 2, 2010
Director (00/21)
All VA Regional Offices
In Reply Refer To: 211B
Fast Letter 10-35
SUBJECT: Modifying the Development Process in Claims for Hearing Loss and/
or Tinnitus
Purpose
This letter introduces the Duty MOS Noise Exposure Listing, a rating job aid for
determinations regarding service connection of hearing loss and/or tinnitus. The
Duty MOS Noise Exposure Listing is a compilation of Department of Defenseverified
lists of military occupational specialties (MOSs) and the corresponding
probability of hazardous noise exposure. Use of a single listing of duty position
and probability of exposure to hazardous noise will help to standardize
processing of these claims.
Background
Each branch of the Armed Services has reviewed and endorsed lists of military
occupational specialties and the corresponding probability of hazardous noise
exposure related to an individual’s occupational specialty. The Duty MOS Noise
Exposure Listing is available at http://vbaw.vba.va.gov/bl/21/rating/docs/
dutymosnoise.xls.
Direct service connection may not be granted without medical evidence of a
current disability; medical or, in certain circumstances, lay evidence of in-service
incurrence oraggravation of a disease or injury; and medical evidence of a nexus
between the claimed in-service disease or injury and the present disease or
injury. See Caluza v. Brown, 7 Vet. App. 498, 506 (1995) aff'd, 78 F.3d 604 (Fed.
Cir. 1996).
A Veteran is competent to report symptoms of hearing loss and/or tinnitus as a
disability because symptoms of hearing loss and tinnitus are capable of lay
observation. See Charles v. Principi, 16 Vet. App. 370 (2002); Espiritu v.
Derwinski, 2 Vet. App. 492 (1992). Consequently, a Veteran’s testimony
regarding hearing loss and/or tinnitus is sufficient to serve as evidence that the
disability(ies) currently exists.
Instructions
Effective immediately, when a claim for hearing loss and/or tinnitus is received,
the decision maker must review the claim for:
- Sufficient evidence of a current disability (including lay evidence); and
- Evidence of hearing loss and/or tinnitus in service; or records documenting an
event, injury, disease, or symptoms of a disease potentially related to an
audiological disability.
If there is no documented evidence of an in-service illness, injury, or event with
which the claimed conditions could be associated, the Duty MOS Noise
Exposure Listing will be considered. Based on the Veteran’s records, each duty
MOS, Air Force Specialty Code, rating, or duty assignment documented will be
reviewed for a determination as to the probability of exposure to hazardous noise
on the Duty MOS Noise Exposure Listing. If the duty position is shown to have a
“Highly Probable” or “Moderate” probability of exposure to hazardous noise,
exposure to such noise will be conceded for purposes of establishing the inservice
event.
In such cases, where there is sufficient evidence of a current disability and the inservice
exposure to hazardous noise is conceded based on the Duty MOS Noise
Exposure Listing, we would be obligated to request a VA examination and
opinion to determine if there is a medical nexus. The level of probability of
exposure conceded, such as “Highly Probable” or “Moderate,” should be included
in the information provided to the examiner in the body of the examination
request.
Additionally, in other cases where an examination and opinion request are
otherwise warranted, the probable level of exposure to hazardous noise
associated with the Veteran’s documented duty position will be provided in the
examination request remarks.
Finally, the Duty MOS Noise Exposure Listing is not an exclusive means of
establishing a Veteran’s in-service noise exposure. Claims for service connection
of hearing loss must be evaluated in light of all evidence of record in each case,
including treatment records and examination results.
Questions
Questions should be e-mailed to VAVBAWAS/CO/21Q&A.
/S/
Thomas J. Murphy
Director
Compensation and Pension Service"

The link to the MOS list is ion the letter and I would highlight your MOS with a Majoc marker and attach it to the FAst letter with your appeal.

Did you get a full VA audio exam at all?

"I am required to take a hearing test yearly at work and always fail it."

If you can obtain those results, or get a real audio non VA doc to examine you, and the HL falls into a ratable level. per the VA SRD, you would have some good evidence along with the MOS info and FL 10-35 to succeed here.

Can you possibly scan and attach here the Reasons and Bases part of the decision when it arrives? Cover your name, address and C file Number when you scan

it.

"The examiner claims that I had no hearing loss when i entered the navy and no hearing loss on my exit exam."

To me that is not a logical medical rationale at all. Can you scan and attach the C & P results here too?

They can be obtained from the VAMC that did the C & P.

Edited November 15, 2013 by Berta

[ktm rider]

Right Ear

500 1000 2000 3000 4000 6000 8000

10 10 25 45 45 55 50

Left Ear

500 1000 2000 3000 4000 6000 8000

15 15 25 40 40 50 40

I don't see how I can be denied hearing loss. The examiner confirmed on the report that I have "sensorineural hearing loss" in both ears at the 500 to 4000 range.

He then confirms my continual exposure to loud noises ont he flight deck and THEN states that the HL was NOT caused by a result of a military event...

Pretty obvious this guy has never been on a flight deck.

[ktm rider]

Oh, and yes, I do have a record of my hearing test from work from the past 5 years.,

[carlie]

Wait until you get the actual rating decision, then you will know

what's - what and can post the exact wording, from the Reasons and Bases Section.