The Infamous "whisper Test" On Separation From Active Duty.

[tcannonsr]

I got a full audiology hearing test during induction in 1969. Supposedly I received a "whisper test" to determine hearing loss at my 1970 discharge. I don't remember getting any "whisper test" at discharge. I think I would have remembered having a whisper test. I'm almost certain I didn't have a whisper test and this so called whisper test was the basis for denying my VA hearing loss disability claim in 1970. I think the "whisper test" wasn't performed on many veterans and the records were falsified to indicate a whisper test was administered....and it's a shame. Anyone got any information about challenging the exit whisper tests?

[tcannonsr]

Can I get this transferred over to the CUE forum??? Please. I think It would be better there and I'd get more pertinent info.

[carlie]

Can I get this transferred over to the CUE forum??? Please. I think It would be better there and I'd get more pertinent info.

Sure - consider it done.

[Philip Rogers]

I think you can win it, just don't give up. I helped a Korean war vet win a claim back to 1955. jmo

pr

[tcannonsr]

Thank you Philip. Believe me I won't give up. When something is right...it's right...when it's wrong...it's wrong...and this "whisper test" for discharged veterans is simply wrong.

Was the Korean war vet you helped win his claim a CUE claim?

Do you have any info you could add to help me fight my CUE claim?

[Berta]

You need a copy of the 1970 decision. Can you possibly scan it (cover the C file #,name, address first) and attach it here?

I feel you certainly have a chance of a successful CUE claim, if upon separation ,your hearing loss was at a ratable level.
The retro EED ,since you filed within one year after discharge ,should be the day after your discharge.

For a CUE claim, the claim must be filed with the VARO that made the CUed decision.

The date of the decision is needed for a CUE filing and also you need to identify the legal error that the decision holds.. The CUE claim awarded. below, might help with that.

A Successful CUE involves a legal error that altered the outcome at time of alleged CUE.Meaning, if the error had not been made, the VA would have compensated you for the past claim.That is why a CUE must involve established medical evidence , in VA's possession at time of the alleged erroneous decision, that warranted a ratable SC award.


There are 'whisper test' appeals at the BVA web site.

In this case the BVA made this statement:

"The [veteran] was seen in September
of 1963 and a whisper test was
conducted and determined that it was
within normal limits. However, it
is a well-known fact that a whisper
test will not test for high-
frequency hearing loss . . . a month
after he entered the service, a test
was done and he was found [to have]
a moderately severe hearing loss at
3000 Hz. "
http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files4/0430319.txt

The veteran lost the appeal, however the medical point the BVA made is worthy to note as in this next one.

In this BVA case: An award due to CUE:

In part:

"The veteran's representative
submitted a Memorandum for the Record from a private medical
consulted, date in September 1998. The physician opined that
the whisper test performed at separation was not an accurate
measure of hearing acuity by modern standards."

The veteran's representative
submitted a Memorandum for the Record from a private medical
consulted, date in September 1998. The physician opined that
the whisper test performed at separation was not an accurate
measure of hearing acuity by modern standards."

and:
"Although the evidence of record at the time the Board made
its March 6, 2000, decision reflects that the veteran's
auditory thresholds were not indicative of impaired hearing
for VA purposes, his speech recognition score of 92 was.
Furthermore, there is medical evidence that supports a
finding that the hearing impairment was incurred as the
result of acoustic trauma in service. "

"ORDER

The Board's March 6, 2000, decision was clearly and
unmistakably erroneous to the extent it denied service
connection for right ear hearing loss, and the decision is to
that extent reversed. Service connection for right ear
hearing loss is granted. "

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp00/files4/0032262.txt

In that case the VA took account of acoustical trauma due to the veteran's MOS and there were no post service occupations that put him into this type of trauma.

CUE claims can be won.My SMC CUE award info is in our CUE forum and lots of other info there.

There are some templates there too.

Edited June 20, 2014 by Berta

[tcannonsr]

Thank you for the info Berta. Your reply is just the type of info I'm looking for. I have requested my complete C file recently but I suspect it will take a while for the records to get here. I will post the 1970 C file whisper test results when I get them. Please stay in touch. I believe you have the experience and knowledge I am looking for with my CUE battle with the VA and need your assistance.

I think I would have remembered a "whisper test" back in 1970....the test is so unusual. Of particular interest is the audiologist that administered my C&P exam for hearing loss recently in 2014 showed me my 1970 whisper test results on her computer while I was there. All the 1970 whisper test had on it was "whisper test" with no other data. The VA audiologist looked at me and said "Tom....this claim could and should go back to 1970!!". I honestly believe I received no whisper test in 1970. The audiologist stopped short of saying I had no whisper test back in 1970 for obvious reasons but the fact she implied I had a CUE claim I find encouraging. I also believe my 1970 whisper test results are THE key to getting my CUE claim approved. If I can prove reasonable doubt that a whisper test was not performed at all or done properly back in 1970, that would clearly be a CUE. If it comes down to "he said, she said" with the VA, I believe the lack of complete 1970 whisper test results just might prevail.

I have tentatively contacted an approved VA attorney to possibly represent me in my CUE claim. I have not formally entered into any contract with the attorney yet. I would rather not if possible....but will if I have to.

Again...thanks...Berta. If I don't reply right away...I still work 3 days/week and don't computer much during those work days. Have a great day!