Need Help - Which Doctor Takes Precedence?

[TiredCoastie]

Hello everyone and Merry Christmas!

I'm in the final stages of putting together a NOD - and thanks to all those who helped me thus far. I'm taking AskNOD's advice and putting appropriate CFRs in my rationale for why the RO wrongly denied service connection. However, I can't find an obvious CFR cite that covers which doctor they should listen to. In my situation, my ENT filled out a DBQ that said that my hearing loss was related to military service. The RO, relying on audiologists, is using the argument that I had hearing loss upon entering the service and that the level of increased loss was not due to military service - which for me included loud engine noise, pistol, rife, auxilitary or main battery fire, helicopter operations, etc. If my ENT said that it was, in his opinion, related to military service shouldn't the RO take that opinion over VA or QTC audiologists?

Of course, as AskNOD has so aptly put it, the DBQ form is somewhat short of a nexus letter. I can go back to my ENT and ask him for a full nexus letter to include with form 9.

But first of all, is there a CFR cite that discusses which doctor to choose? I sure can't find one...

[Slowlane]

I copied and pasted the below statement with hopes that somebody can find it. thanks in advance. Slowlane

"In 2010, VA sent out a FAST letter or bulletin of some sort in 2010 that said VA docs can discuss only the disease process and progression but are not allowed to opine on the etiology or subjectively diagnose the origin."

[TiredCoastie]

Thanks, everyone.

Slowlane - You're dead on. They sure drag their feet especially on hearing loss.

But as you pointed out, AskNOD, there isn't a lot of money for them to argue about. I don't understand why they're bothering to argue. After all, with a 60% rating already and without hearing loss being SC yet, I've got a pair of VA hearing aids with nothing out of my pocket. I'll make another ENT appointment and take that document with me for more help of his help. It's just so laughable. My ENT was training an Air Force O-5 who was interning under the doctor for the summer when the ENT filled out the DBQ. It's not like this is a military community...but the Air Force tracked down the best civilian doctor to train their specialist and set up a program. The VA just blew him off.

I don't think this will result in a lot of money, but that's not really what this is about. For me, this is about the VA acknowledging that I left the service less than whole as the direct result of line-of-duty assignments and activities. I was a competitive indoor pistol shooter for a service team. There was an awful lot of noise in my shipboard assignments from gunfire and very loud engines. By the time I retired, I couldn't hear the entry access keypad beeps to get into work. The exact same duty location fifteen years earlier, I had no problem.

Yeah, 10% more might help me get to a higher rating or even 100% somehow. We'll have to see how everything shakes out after a couple of years. Phil, that would be the flavored ice for me!

Berta, you continue to be a fount of knowledge of the regs as well as the way they've been implemented. I'll make ample use of that information.

You guys all made my Christmas! Thanks again!

[john999]

I had testing done at the VA for my heart. One doctor who did a walking stress test (or at least signed the paperwork) said I had a heart condition. Another doctor (or at least signed the report) did a chemical stress test and said my heart was OK. I got 60% and it was benefit of doubt. I had to appeal but got the 60% on appeal. My initial rating was based on C&P done by NP who did not even ask for any testing and just made guesses based on my ability to walk a block without passing out and falling down.

John

[Slowlane]

I had testing done at the VA for my heart. One doctor who did a walking stress test (or at least signed the paperwork) said I had a heart condition. Another doctor (or at least signed the report) did a chemical stress test and said my heart was OK. I got 60% and it was benefit of doubt. I had to appeal but got the 60% on appeal. My initial rating was based on C&P done by NP who did not even ask for any testing and just made guesses based on my ability to walk a block without passing out and falling down.

John

John, I went up there and underlined "My initial rating" done by NP......what did you get out of that? Cause you said you got 60 on appeal. SL

[john999]

I got a 0% rating based on my C&P being done by a NP. The NP's exam was incompetent, incomplete and was full of guess work and speculation. The VA had not even ordered any testing for me prior to the exam. My claim was based on a CT scan for a lump on my shin that showed calcification in the arteries and veins of my leg. If you have it in your legs you probably have it in your heart and brain.

[TiredCoastie]

Thanks again, everyone! Got my NOD mailed a day prior to the deadline, certified mail, RRR. Not my best piece of prose, but hopefully will be effective enough. Meanwhile, pursuing a more solid nexus letter from the ENT.

Happy New Year!