Should I Appeal

[coastie72]

Hello,

I was just awarded 10% for Tinnitus and 0% for bilateral hearing loss. I feel blessed to get this but should I appeal. I have been out of the USCG since 1972. I opened my claim August 2013 for these issues and one other that I have got to get more proof of.

SC was granted for both hearing and Tinnitus but I assume they felt the hearing wasn't bad enough? The ENT that performed my C&P said that I was a certain candidate for hearing aids. My personal Doctors records indicated long term hearing & tinnitus issues back to the 70's and he provided a Nexus letter that indicated that. My service exit exam indicated only a whisper test was done? Funny I don't even remember that.

I really have two questions, I have sleep apnea and have used a bi-pap for the last 15 years, however that does not help me when I can't fall asleep due to the constant ringing that has gotten worse over time. Also when I do wake at night it makes it difficult to go back to sleep and sometimes I don't. That requires me to take a prescribed stay awake pill when I have the bad nights. Is there no consideration for that?

Also based on the ENT's comment of me benefiting from hear aids should I appeal for the hearing loss?

I was getting nowhere until I went through the DAV and the VSO was awesome, but it is difficult for me to get to see or communicate with him.

Don

[georgiapapa]

I have had a white noise machine since the 1970s and I can not sleep without. Even my wife likes listening to the ocean waves, water fall, bubbling brook, etc. Another point on the hearing aids is the VA will keep you supplied with free batteries.

When I first requested hearing aids, I had not been service connected for hearing loss at that time but I had a 10% service connection for a shoulder injury in Vietnam. When I went to my VA outpatient clinic and inquired about hearing aids, I was told I was not eligible unless I was service connected for hearing loss. Based on what I heard from a fellow veteran, this did not sound right so I reached out to Hadit and learned from Carlie that I was eligible and she provided me with a copy of the applicable VA policy showing my entitlement.

Using the info from Carlie, I finally got my hearing aids after waiting several months for a VA audiologist to perform my exam.

Good luck to you.

[lotzaspotz]

Coastie, what is the effective date of those ratings, the date of the C & P exam? Is there any evidence of either tinnitus or hearing loss in your military medical records? Your hearing test scores during your enlistment should be in there, do they increase over time? What was your job in the military, did your hearing suffer from extreme noise exposure, either continuous or intermittent?

This information, if in your records, may support an appeal for an earlier effective date. Whisper tests are unreliable and if

such a test is the only evidence of testing at separation, the Board in the past has remanded the claim for further development. Google the BVA and whisper tests to get a better idea of what you'd be facing.

[coastie72]

Coastie, what is the effective date of those ratings, the date of the C & P exam? Is there any evidence of either tinnitus or hearing loss in your military medical records? Your hearing test scores during your enlistment should be in there, do they increase over time? What was your job in the military, did your hearing suffer from extreme noise exposure, either continuous or intermittent?

This information, if in your records, may support an appeal for an earlier effective date. Whisper tests are unreliable and if

such a test is the only evidence of testing at separation, the Board in the past has remanded the claim for further development. Google the BVA and whisper tests to get a better idea of what you'd be facing.

Thanks lotzaspotz,

The C&P exam at the VA was done in late July 2014. I also had provided an independent ENT test done back in May along with a Nexus letter that my personal Dr. had written that stated I had suffered from bilateral hearing loss and complained of Tinnitus since the 1970's. I have been going to the same family practice since birth.

I have not seen my medical records but the VA has them. The ENT that performed my C&P said my records indicated that I had only a whisper test. I don't recall any test.

The letter from the VA states; bilateral hearing loss/ percentage assigned 0%/ Effective date Aug 1, 2013 The explanation states; > We have granted your claim for bilateral hearing loss. > Service connection is warranted because your military occupational specialty (MOS) of Engineman is consistent with acoustic trauma and your hearing loss has been linked to that acoustic trauma. > Your VA examiner opined that it is at least likely as not that your hearing loss is due to military noise exposure.

It then breaks down the numbers for the hearing loss that from what I understand fall short of a rating.

> Tinnitus / 10%/ Aug 1, 2013.

The VA ENT said I would benefit from hearing aids, and in my work, sales, I have to continuously ask for people to repeat things they have said.

The tinnitus drives me nuts at times, and I suffer from sleep deficit due to sleep apnea and the tinnitus.

Don

[lotzaspotz]

I suggest you appeal the effective date, which appears to be the date of your C&P examination. You would need to review your military medical records for evidence of hearing problems and tinnitus prior to separation or within one year after separation with your civilian healthcare provider.

[coastie72]

I went to visit my VSO who was not in, so I was seem by another. I was looking to find out how to go about getting my VA Identification card. During our conversation he noticed in my file that I had trouble sleeping due to the tinnitus. He then asked me about depression. I was very slow and reluctant to respond, but the truth is I am way beyond what I believe is mild depression, most days I feel like a banjo string about to break. For the most part I stay that way and have spent most of my life as a loner, very few close friends. I have been able to control my feelings and have worked hard all my life and been fairly successful doing so. I have never been to a psychiatrist but my family doctor prescribed valium to me 30+ years ago. I still take them today. About four years ago, maybe longer my Dr. prescribed Celexa obviously for depression.

The VSO then hands me a form; Mental Disorders (other than PTSD and Eating Disorders Disability Benefits questionnaire).

After reading it I see where it is to be filled out by a psychiatrist, not just a MD.

So now what?

I am still scared for my job, which I CANNOT AFFORD to lose if they were to find out my depression issues.

I am not looking for a free ride..........the VSO said they would shoot for 70%...........that floored me. Even if were 30% It would be a blessing for me and my wife of 47 years, but thanks to her I'm still alive.

Please advise!

[carlie]

I suggest you appeal the effective date, which appears to be the date of your C&P examination. You would need to review your military medical records for evidence of hearing problems and tinnitus prior to separation or within one year after separation with your civilian healthcare provider.

The C&P was July 2014.

The effective date of award is Aug 1,2013.

Looks like a claim that flew through pretty quick, but without knowing

the date of claim submission, I do not yet see any reason to appeal the effective date

as posted.

What am I missing here ?