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?

[carlie]

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.

The audiologist most likely is not at all versed in what a CUE is or IS NOT.

Keep in mind that "reasonable doubt" is an automatic killer on the submission for a CUE.

A test done improperly, does not equate to a CUE on the prior decision.

When and if you get any CUE granted for the hearing loss back to the original date of your claim,

be prepared that they might find you to be SC'd for hearing loss back to the original date, but

adjudicate an evaluation of zero %,

This would happen if there is no evidence from audiology of an official hearing test

being done at that time, showing results of a hearing loss, ratable at a minimum of ten %.

jmho

[tcannonsr]

Thanks for the reply Carlie.

I'm not sure what "SD'd" (sorry....I'm not up on all the abbreviations).means but I'm assuming you mean they'd try to reduce my current 20% disability rating for hearing loss down to 0% if my claim is back dated to 1970!!?? Anyway...if you could please explain...I would appreciate it. Also...where does your expertise come from....official knowledge...or...personal experience? The reason I'm asking is....I mean no disrespect... and your credentials above indicate you know your stuff....but I need accurate info. It might not be worth it to file a CUE claim if my current disability rating is reduced.

I DO appreciate the info that "reasonable doubt" is a killer for cue claims.

[carlie]

Thanks for the reply Carlie.

I'm not sure what "SD'd" (sorry....I'm not up on all the abbreviations).means

SC'd means Service Connected.

but I'm assuming you mean they'd try to reduce my current 20% disability rating for hearing loss down to 0% if my claim is back dated to 1970!!??

No - not at all, I am not even implying anything that would relate to any reduction.

Prior to this, I have not read anything in this thread in regards to a reduction in benefits.

Anyway...if you could please explain...I would appreciate it.

See above.

Also...where does your expertise come from....official knowledge...or...personal experience? The reason I'm asking is....I mean no disrespect... and your credentials above indicate you know your stuff....but I need accurate info.

I do not claim to have any expertise - heck I do not even think the VSO's or VBA decision makers are experts : - )

If they did not make so many errors - there would be no need for avenues to appeal, the BVA, the CAVC or hadit.com

I know what I know from hadit.com, other web sites, books,study, research and personal experience.

Just as an FYI, it's pretty much understood that everyone needs to do their own fact checking, no matter where their

information comes from, so they can personally access whether the information is accurate or not.

The claimant is always, ultimately responsible for their claim issues - even if they use a VSO or retain a bona-fide lawyer.

I believe the info I posted for you earlier to be accurate.

Even if you win a submission of CUE for an earlier effective date for SC of hearing loss, back to the prior decision - there would

have to also be of record, (at the time of the decision) official results from audiology, showing the hearing loss to be compensable

at a minimum of 10 %, to recoup any retro - compensation, back to that time period.

It might not be worth it to file a CUE claim if my current disability rating is reduced.

Again, I do not see anything posted in regards to reduction, other than what you posted.

I believe I have spelled it out again about any CUE and monetary awards back to the original date.

I DO appreciate the info that "reasonable doubt" is a killer for cue claims.

The words "reasonable doubt" or any implication to "reasonable doubt"

just kills a submission of CUE from the get go.

jmho - carlie

[Vync]

This is related to the whisper test, but not necessarily to your claim, which I hope you end up winning.

My wife was in nursing school and had to do a whisper test on some patients so she practiced on me. She whispered, "baseball". I told her she should wwhisper, "rosebud". She didn't get the reference to Citizen Kane.

[georgiapapa]

I was discharged from the USMC in 1970. During my discharge exam in 1970 I was given the "whisper test" and the exam results in my military medical records indicated my hearing was within normal limits. Although I knew I had some hearing loss and tinnitus at the time of my discharge I did not want to initiate any claims because I was afraid a claim might jeopardize future civilian job opportunities for me.

In 2010, after I had retired from my civilian occupation, I filed a successful claim for service connected bilateral hearing loss and tinnitus. Anticipating the VA would use the results of the 1970 "whisper test" to try to deny my claim and as part of my evidence, I submitted a copy of the cover page and page 12 of of "The Handbook of Standard Procedures and Best Practices for Audiology - Compensation and Pension Examinations" published by the Department of Veterans Affairs. I found the VA publication on the internet. On the previously referenced page 12, I highlighted a section which states the following:

"Whispered voice tests are insensitive to high frequency hearing loss, the type of hearing loss most commonly caused by noise exposure, and are not reliable evidence of normal hearing or hearing impairment."

I was rated 10% for my hearing loss and 10% for tinnitus.

[tcannonsr]

Carlie...thank you for your clarifications. Vync...thanks for your support. Georgiapapa...I appreciate the info...especially the info on "The Handbook of Standard Procedures and Best Practices for Audiology". I've been looking for that exact piece of info. Now I have a something I can educate myself about on whisper test procedures.

Georgiapapa....the ONLY difference between you and me is....you didn't file a VA disability claim back in 1970...and maybe if you HAD filed a claim in 1970...you would be trying to get your current Rating retro'd also.

I'll know much more once my C file gets here but I just don't think I had a whisper test back in 1970 or my whisper test in 1970 wasn't administered properly. Based on what I've found out in some of the replies....an improperly administered test might not mean it's a CUE claim.

Now my question is .....if my whisper test in 1970 wasn't administered at all or wasn't administered properly....where does that get me in terms of getting my current 2014 20% disability Effective Date of Rating retro'ed from 2014 to 1970?? Anywhere??

I need to do more research here on Hadit CUE's. I came across the exact legal procedure used to determine CUE claims the other day in one of the other posts but will have to look it up again.

All of your posts have been helpful. I'm beginning to get the big picture on CUE claims...mainly a CUE case can be a highly legal and complex undertaking that...I'm starting to believe.....needs to be undertaken by an expert on VA CUE case law and procedures.

Again...I appreciate all the posts...keep them coming....ya'll are giving me an education here!!