Advice

[jhilly]

I had a c & p in Aug 2004 when I returned from Iraq. I was told that the ringing in my ears is tinnuitus and I complained of hearing loss. I didn't know that was a claim and then the VA denied all my claims in Nov 2004 falsely saying I failed to appear for the c & p. I was never given a hearing test.

I thought that was it. After receiving advice I later re-opened my case om 2010. The VA granted me a hearing test which shows hearing loss. Now the VA is saying it is unable to tell when I loss my hearing.

Do I have a case because the VA never assisted me in 2004 with this claim and falsely denied all my claim even though I have a copy of that c & p exam?

Should I try to see if a doctor will write me a IMO saying "it's as likely as not" I had the hearing loss in 2004, and will that help my case?

All of my claims were just sent to BVA so I guess I have a 4 - 5 year wait.

jhilly

[Pete53]

For you to win this claim the Doc will have to say their medical opinion is that it was caused by your service, Its only 10% but it is the principal. My opinion.

[jhilly]

thx Pete53...Im going to try to get that IMO....I agree, it is eh principal....

thx Pete53...Im going to try to get that IMO....I agree, it is the principal....

[FormerMember]

A good baseline measurement on Tinnitus, which is the most awarded claim in VA, is to show material decrease in hearing while in service via your hearing tests at induction/ separation. Any loss of hearing during service is easy to document this way. This, in turn, implies exposure to damaging levels of sound/decibels. Newer troops these days have Hearing Conservation Programs which we did not in the Vietnam Misunderstanding. Thus they use it to deny with. However, if you had a MOS/AFSC that entailed exposure to loud noises, your lay testimony is considered credible for this purpose. Be careful. VA will take any " I don't know" or "I'm not sure" to be a "Negatory. No loud sounds." If you were in combat, it's a no brainer. You get the 1154(b) accord and anything you say is God's unvarnished truth. Tinnitus cannot be measured so it's your word against theirs. Thus, lots of us win the $125 a month lotto on this. VA considers it a plastic necklace like Mardi Gras jewelry and throws them out with abandon. Unless you flew a desk for your enlistment, it's highly likely that you can win it without a big IMO for proof. Again, no tinnitus meter means it's your subjective perception versus theirs. Why would you lie about it unless you are a gold brick. Surely we have none of those here, right?

[john999]

Silver bricks only. What is the $125? Is that some sort of SMC? I can just barely here you typing because of the ringing in my ears. Hey, I had a duty MOS for 11B something, but that was not my primary MOS. I did shoot a lot of rubber trees during my heroic tour of duty in Vietnam. I am almost sure I had no hearing test when I enlisted in 1969 in the Army. No hearing test on the way out either. Damn that ringing! Is someone trying to call me?

[FormerMember]

Sorry. I stand corrected. 10% comp. has crept up to $130.94 a month. I had a AFSC of 203X0 as an interpreter. VA reasoned that was a relatively quiet job. They didn't put it in context at 1500 above sea level in a O-1 Birddog firing a 16 or an M-79 out the right window. Or back at the Operating Location defending it at night against attack. However, my hearing decreased at some point while I was in so I got the rating.

[carlie]

http://www.ecfr.gov/cgi-bin/text-idx?SID=2ef8796da4643552e13a37e4ea11e47b&node=38:1.0.1.1.5.2.100.38&rgn=div8

§4.87 Schedule of ratings—ear.

6260 Tinnitus, recurrent 10

Note (1): A separate evaluation for tinnitus may be combined with an evaluation under diagnostic codes 6100, 6200, 6204, or other diagnostic code, except when tinnitus supports an evaluation under one of those diagnostic codes.

Note (2): Assign only a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head.

Note (3): Do not evaluate objective tinnitus (in which the sound is audible to other people and has a definable cause that may or may not be pathologic) under this diagnostic code, but evaluate it as part of any underlying condition causing it.