Tinnitus/ Hearing Loss Possible Cue?

[saints13]

I was denied back in 1998 by the VA for hearing loss/ Tinnitus. This is when I was discharged from Military so VA just looked over my records. I found on the Med Board Eval that it clearly stated Bilateral hearing Loss and Tinnitus but VA denied it.

Then I was denied again in 2009.

Well this time July 24th, 2014, I just got my letter and they awarded me Tinnitus 10% and % 0 Percent Right ear hearing Loss and no service connection and denial of left hearing Loss.

In their statement it said " April 16th, 1998 the previous decision was clearly and unmistakably erroneous, service connection is established for tinnitus and rated at 10%"

My question is how do I ask for back pay to either 2009 or 1998?

[saints13]

RECOMMENDATION FOR MEDICAL EVALUATION BOARD

WEED ARMY COMMUNITY HOSPITAL, FORT IRWIN, CA 92310- 5109

RANK:

MOS: Hospital Corpsman, Navy MOS 8404

CHIEF COMPLAINT: Chronic bilateral knee pain.

REFERRAL: Patient referred from clinical evaluation.

OTHER CONDITIONS: Bilateral high frequency hearing - loss.:: with.\.the - .

right being worse.than the right with bilateral Tinnitus

bilateral ears.

MILITARY HISTORY : is an active duty U.S. Navy with

6 years and 5 months of active duty service. His MOS is 8404,

which is hospital corpsman. His date of ra~·s 16 January 96 . He

is currently assigned to Marine Corps Logis s Base Medical Clinic

in Barstow, California. He was assigned h e in 8 July 91. For

further information on military history,~ he _201 file .

HISTORY OF PRESENT ILLNESS : ~is a 24-year-old white

male, active duty Navy corpsman with history of a left patellar

dislocation in either September or ober 91 during boot camp.

Apparently this occurred while pl~ football . The patella was

reduced in a medical facility and "~aid reasonably well until July

93. At that time he. was "fast ~ing" out of-.a helicopter. - He

apparently dislocated both pat~e on landing on the ground. He

r'educed the left- patella on ~S- own, but required assistance to

reduce the right patella#:"was evaluated and then placed in

patellar stabilizing brace treated with physical therapy to

include quadriceps and ring strengthening exercises. He

continued to have fre_j~ subluxation and dislocation. He

underwent a left pate!~ realignment with tubercle transfer in

December 94. He unde~e a right lateral release arthroscopically

l n December 95 at Ca ndleton. He has continued to have chronic

pairl; especially wi~ nning and

1998 Decision:

Rating Decision {'age 3

05/08198

'

6. SMRs are negative for complaints, findings or diagnosis of tinnitus, and there is no evidence of acoustic

trauma. At Report of Medical History of I 0/95, the veteran did check the box regarding hearing loss,

however. review of the SMRs noted hearing to be within normal limits for VA purposes throughout service.

A well-grounded claim for service coMection requires evidence of a current disability, evidence of incurrence

or aggravation of a disease or injury in service, and evidence of a nexus, or link, between the in-strvice injury

or disease and the current disability. There is no record of treatment in service for tinnitus. In order to

establish a well-grounded claim, it is necessary to provide evidence which demonstrates that the claimed

condition was incurred in or aggravated by military service.

Rating granted Bilateral Knee condition @ 19%

2009 Decision:

.,

Rating De~isiom Department of Vetuuns 11/Juirs

YA Re Iona/ 0 ce

Page 2

09/1512009

5299-5261

VA Fllf NVM8ER

CHONDROMALACIA PATELLA, LEFT KNEE ASSOCIATED WITH

RECURRENT INSTABILITY AND SUBLUXATION, LEFT KNEE, STATUS

POST ARTHROSCOPY, WITH SCARS (FORMERLY EVALUATED AS

CHONDROMALACIA PATELLA, LEFT KNEE WITH LAXITY)

Service Connecced, Gulf War, Secondary

Siatic Disability

10% froni 05/0712009

COMBINED £VALUATION FOR COMPENSATION:

20% from 04/1611998 (Bilateral factor of 1.9 Perccn1 for diagnosiic codes 5257, 5257)

1000/o from 05/2112008 (38 CFR 4.30)

20% from 07/0112008 (Bilateral factor of 1.9 Percent for diagnostic codes 5257, 5257)

40% from 0510112009 (Bilaceral faccor of 3.4 Percent for diagnostic codes 5257, 5257, 5261, 5261)

NOT SERVICE CONNECTED/NOT SUBJECT TO COMPENSATc:))NSC Gulf War)

5299-5215 LEFT HAND NA VICULAR FRACTU~

Not Service Connected, Not lncurred/C ~'y Service

5237

5284

MID BACK PAIN 0

Not Service Connected, Nor lnc~aused by Service

FRACTURE, LEFT FOO\ ~~D 4TH DIGITS

Nor Service Connected, ~curred/Caused by Service

Static Disability g_

6260;. :.-----Tinnitus Not Incurred/Caused by Service

8799-8726

~

SANCES DUE TO KNEE PAIN ASSOCIATED WITH

Kl<'lNSTABILITY AND SUBLUXATION, LEFT KNEE, STATUS

OSCOPY, WITH SCARS (FORMJ;RL Y EVALUATED AS

MALACIA PATELLA, LEFT KNEE WITH LAXITY)

e Connected, Nor Secondary

2014 Decision:

Tinnitus old percentage N/A New Assigned 0% April 16, 1998

Tinnitus Old Percent 0% New Assigned 10% Janurary 31, 2014

As the previous decision was clearly and unmistakably erroneous service connection is established for Tinnitus

An Evaluation of 10 percent is granted for recurrent Tinnitus

[saints13]

Berta, would you happen to know how to check on status of a CUE or NOD? I did what you recommended for the tinnitus and nobody at the 800# seems to know what I'm taking about. 10% from 1998 to 2014 seems to be a big material outcome.