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

[carlie]

coastie72,

Your topic title is "Should I Appeal".

What issue is in the decision that you are wanting to know if you should appeal ?

I believe your asking if you should appeal the zero percent evaluation from

the SC'd hearing loss, is this correct ?

If yes, it would totally depend on your audiology C&P - the decible number's

and speech recognition scores.

In the ENT stating you would benefit from hearing aid/s, has nothing to do

with your evaluation for compensable percentage level.

You almost have to be deaf as a rock to get a compensable evaluation

for hearing loss and 10% is the max for Tinnitus itself.

Also, are you SC'd for hearing loss in one ear or both ears ?

[coastie72]

coastie72,

Your topic title is "Should I Appeal".

What issue is in the decision that you are wanting to know if you should appeal ?

I believe your asking if you should appeal the zero percent evaluation from

the SC'd hearing loss, is this correct ?

If yes, it would totally depend on your audiology C&P - the decible number's

and speech recognition scores.

In the ENT stating you would benefit from hearing aid/s, has nothing to do

with your evaluation for compensable percentage level.

You almost have to be deaf as a rock to get a compensable evaluation

for hearing loss and 10% is the max for Tinnitus itself.

Also, are you SC'd for hearing loss in one ear or both ears ?

Hello Carlie,

I am absolutely uninformed and learning as I go.

I am SC in both ears, but my numbers do not warrant compensation, that I understand.

What I didn't know until going back to my VSO was how to go about getting my VA Identification card, and also find out if I were eligible for hearing aids,

He cleared all that up but then the conversation changed.

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!

Edited August 31, 2014 by coastie72

[FormerMember]

VSOs are reknowned for trying to get you SC for things you can never obtain. That's what they do. Unfortunately, VA has a static denial rate of 85%. Truth be told, you will have a very difficult time getting a dx of depression out of a VA shrink. They are briefed on this and hand out personality disorders in lieu of MDDs. VA will go through the motions but it would be almost a lifetime effort to get SC for depression secondary to Tinnitus. At best, VA might offer one of the newer drugs that counteract the ringing like Quietus. Granted, curing the ailment with medication to mask it is not a panacea and VA would still be on the hook for SC if you were connected but therein lies the pitfall. VA is going to say a) you have it but it is not compensable or warranted because b) you are holding down a job in spite of this malady. If they are paying you 10% for tinnitus, they will also say you are being remunerated for it already and this was contemplated in the rating. Alternatively, you will have to prove it disproportionately affects your income to your detriment. Think it through. The system is backed up worse than a monkey who ate too much cheese and adding your claim to it won't result in any financial improvement for years. I can almost guarantee they will fight this up to the BVA which is 5 years out if you filed now. Throw in a few remands for more C&Ps and it may go ten.

When I walked into the DAV in 1989, they dragged out the VA comp. tables and told me of the untold riches awaiting me. I was only interested in getting SC for my back because it was having a severe impact on my ability to work. The DAV whizbang immediately started in on hearing. We all know ratings for hearing are a dead end. You would need to be 40% (or more) impacted in one ear alone before they begin to talk about any remuneration for the other which would have to be worse. I got 0% for one ear only and tinnitus at 0%. I lost the back claim. The DAV VSO gave me the big speech about how I'd hit the VA powerball lotto. Yup. Free hearing aids. I see you currently have a 10% rating for ? Assembling a necklace of 10% ratings is all well and fine but look yourself in the mirror and ask "Why am I doing this?" Many Vets have injuries and diseases that warrant exorbitant ratings and they wait years-sometimes decades- to attain proper remuneration for them. VA compensation is paltry and should be considered only if your ability to work is so compromised as to put you in the poor house. You and the wife cannot live on what VA will pay for hearing ratings.

I do not advocate that you should not file for this. I simply ask you what your motivation is. I can hear a question mark in your queries. I help Vets every day. Some ask me to "coach" them on how to win PTSD/MDD claims. I refuse. If you are truly mentally compromised, you don't need a sounding board or coaching. Depression leads to unemployment eventually. If you are really "disabled" by it, you don't need a VSO egging you on with false promises. Being hearing-impaired is not fun. I know because I am. I thank God every day when I get up that it isn't my eyes that went south. I hear half of what is spoken to me and screw up the rest but... I'm alive.

Many arrive here and at my site looking for instant gratification. VA cannot provide that. SC Compensation is so miniscule that you need a P&T rating just to live on. You won't find VA to be a willing partner in this endeavor. Many will argue VSOs are your best friend but I've found the opposite. They work for a national organization that is hand in glove with VA and even gets free room and board at the VAROs. I've found over time they'll tell you anything you want to hear except for the truth. I do not wish to dissuade you from filing but I think you should know what you're entering and the relative odds/futility of it. Tinnitus and/or hearing loss are the most often granted compensable ratings at VA. They made it a bilateral rating the moment a Vet attempted to get 10% for each ear in 1990. There's a reason it tops out at 10% max. Tinnitus ratings are like Mardi Gras beads on Fat Tuesday. Plenty of them and they're cheap. Trying to get them gold-plated is a fool's errand.

My advice is to identify that which really impacts your life and concentrate on it. If you had a back injury in service that will compromise your eventual earnings picture, that is where you need to focus your effort. Hepatitis C ate my liver and boy howdy, I guess I don't need to tell anyone what happens after 45 years of ignoring it. Quite simply, you die. Hearing loss/Tinnitus won't kill you. Make sure you are depressed due to that and not some other facet of your life before you go down that road. Being declared mentally impaired comes with it's own set of consequences as you point out.

Best of luck sir.

Clear prop

[carlie]

Hello Carlie,

I am absolutely uninformed and learning as I go.

I am SC in both ears, but my numbers do not warrant compensation, that I understand.

What I didn't know until going back to my VSO was how to go about getting my VA Identification card, and also find out if I were eligible for hearing aids,

He cleared all that up but then the conversation changed.

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!

If your asking about appealing a mental health issue - as no claim has been submitted for a

mental health issue - there is nothing to appeal.

[coastie72]

VSOs are reknowned for trying to get you SC for things you can never obtain. That's what they do. Unfortunately, VA has a static denial rate of 85%. Truth be told, you will have a very difficult time getting a dx of depression out of a VA shrink. They are briefed on this and hand out personality disorders in lieu of MDDs. VA will go through the motions but it would be almost a lifetime effort to get SC for depression secondary to Tinnitus. At best, VA might offer one of the newer drugs that counteract the ringing like Quietus. Granted, curing the ailment with medication to mask it is not a panacea and VA would still be on the hook for SC if you were connected but therein lies the pitfall. VA is going to say a) you have it but it is not compensable or warranted because b) you are holding down a job in spite of this malady. If they are paying you 10% for tinnitus, they will also say you are being remunerated for it already and this was contemplated in the rating. Alternatively, you will have to prove it disproportionately affects your income to your detriment. Think it through. The system is backed up worse than a monkey who ate too much cheese and adding your claim to it won't result in any financial improvement for years. I can almost guarantee they will fight this up to the BVA which is 5 years out if you filed now. Throw in a few remands for more C&Ps and it may go ten.

When I walked into the DAV in 1989, they dragged out the VA comp. tables and told me of the untold riches awaiting me. I was only interested in getting SC for my back because it was having a severe impact on my ability to work. The DAV whizbang immediately started in on hearing. We all know ratings for hearing are a dead end. You would need to be 40% (or more) impacted in one ear alone before they begin to talk about any remuneration for the other which would have to be worse. I got 0% for one ear only and tinnitus at 0%. I lost the back claim. The DAV VSO gave me the big speech about how I'd hit the VA powerball lotto. Yup. Free hearing aids. I see you currently have a 10% rating for ? Assembling a necklace of 10% ratings is all well and fine but look yourself in the mirror and ask "Why am I doing this?" Many Vets have injuries and diseases that warrant exorbitant ratings and they wait years-sometimes decades- to attain proper remuneration for them. VA compensation is paltry and should be considered only if your ability to work is so compromised as to put you in the poor house. You and the wife cannot live on what VA will pay for hearing ratings.

I do not advocate that you should not file for this. I simply ask you what your motivation is. I can hear a question mark in your queries. I help Vets every day. Some ask me to "coach" them on how to win PTSD/MDD claims. I refuse. If you are truly mentally compromised, you don't need a sounding board or coaching. Depression leads to unemployment eventually. If you are really "disabled" by it, you don't need a VSO egging you on with false promises. Being hearing-impaired is not fun. I know because I am. I thank God every day when I get up that it isn't my eyes that went south. I hear half of what is spoken to me and screw up the rest but... I'm alive.

Many arrive here and at my site looking for instant gratification. VA cannot provide that. SC Compensation is so miniscule that you need a P&T rating just to live on. You won't find VA to be a willing partner in this endeavor. Many will argue VSOs are your best friend but I've found the opposite. They work for a national organization that is hand in glove with VA and even gets free room and board at the VAROs. I've found over time they'll tell you anything you want to hear except for the truth. I do not wish to dissuade you from filing but I think you should know what you're entering and the relative odds/futility of it. Tinnitus and/or hearing loss are the most often granted compensable ratings at VA. They made it a bilateral rating the moment a Vet attempted to get 10% for each ear in 1990. There's a reason it tops out at 10% max. Tinnitus ratings are like Mardi Gras beads on Fat Tuesday. Plenty of them and they're cheap. Trying to get them gold-plated is a fool's errand.

My advice is to identify that which really impacts your life and concentrate on it. If you had a back injury in service that will compromise your eventual earnings picture, that is where you need to focus your effort. Hepatitis C ate my liver and boy howdy, I guess I don't need to tell anyone what happens after 45 years of ignoring it. Quite simply, you die. Hearing loss/Tinnitus won't kill you. Make sure you are depressed due to that and not some other facet of your life before you go down that road. Being declared mentally impaired comes with it's own set of consequences as you point out.

Best of luck sir.

Clear prop

First let me say I commend you for helping other Vets and I also appreciate the fact you don't coach anyone how to win their claims. Secondly I appreciate your service to our country and I appreciate your honesty.

I came to this forum seeking help but what you wrote hasn't helped me at all. You do not know me Sir, but only by a few lines of information shared here.

You said "Assembling a necklace of 10% ratings is all well and fine but look yourself in the mirror and ask "Why am I doing this?" Many Vets have injuries and diseases that warrant exorbitant ratings and they wait years-sometimes decades- to attain proper remuneration for them."

I am well aware of that sir. I joined the USCG in 1968 at 17 years old I was released from active duty in 1972 at 21. I left the Coast Guard with hearing loss tinnitus and a bum knee. I never went to sick bay, "the Dr." for either. My fault! Many times I thought about going to the VA, but I kept telling myself, my problems are nothing compared to so many other Vets.

My 4 years in the USCG were the most important years of my life. The responsibility, dedication, work ethic and team work made me the man I am today.

My personal Dr. seen me in the early 70's for the tinnitus and hearing loss, and I was refereed to an ENT. The knee pain I just lived with but since have had two operations on it.

I was never in combat, but I did see and handle many very gory things. You ever seen human flesh that looks like jello?

So after many years of just living with the hearing loss and tinnitus, 41 to be exact I decided I had waited long enough.

I love every man and woman that has served in our military and would never want to slow a process of a claim for a disabled Vet.

Mainly I want you to understand that I am not expecting or looking for a free ride.....trust me on that because I know many veterans today that are at or near 100% that are far more physically and mentally sound than I am.

You don't know what is going on in my head. I have many illnesses, one is sleep apnea and I have used a bi-pap for the past 15 years or so! For sometime it worked really well, but now most nights 2 out of 3 the tinnitus wins and I lose. Last night was a very broken 4 hour sleep night! So I am exhausted, tired, and yes depressed.

I have worked every day since I was 15 years old, I got a GED while in the Coast Guard and an Associates Degree afterword. Yes I have held onto and been blessed to have a great working history....That don't mean that I have not worked depressed which I have for many years. I managed to put two children through college. Every single day is a struggle some MUCH worse that others.

So I am still at a crossroads. should I claim or should I not, I am not asking any of you just stating my own thoughts this A.M.

I will soon be 64 and will never be financially able to retire.

Once again I want nothing that is not deserved...........I have worked for everything that I have, I came from a family full of love but not money.

May God Bless you all!

Edited September 1, 2014 by coastie72

[FormerMember]

You misread my post, sir. I do "coach" Vets-just not for mental health claims. I have been burned and now defer to others who are either more knowledgeable on the subject or have filed and won. Most who come here seek advice. I offer what I have experienced regarding hearing issues-nothing more. I do know one Vet who has accomplished the 100% for depression secondary to his tinnitus/hearing loss issues so I know it is feasible. Accomplishing it in this environment now is going to be far more difficult.

You are right. I do not know you or the road you have traveled. None of us are looking for a free ride per se. I've seen some questionable ones over at the Pink site but I digress. We're talking about "help" sites here. There is a fine line between coaching and helping. For Hepatitis C Vets who legitimately acquired their disease without willful misconduct, I will go to the mat. I refuse to waste my time on those who, by their poor choices, now aspire to drink from the well. If you step on your necktie and shoot up heroin, do not expect to be rewarded. Likewise, after a few stints in a VAMC to clean up, do not be surprised if they took notes at the Kumbaya meetings where you admitted to snorting up 20% or Peru's annual output.

Mental health is touchy subject for the ones filing for it. I understand somewhat. I merely offer advice on where you will end up pursuing 10% claims for tinnitus or hearing loss. If you have a bum knee, that should be where you focus. Some day that sucker is going to blow out and leave you on crutches or in a wheel chair. We all have unique subsets of disabilities and no two are alike. Carlie wisely points out that you have no claim yet for the depression. If you believe it is SC, by all means file for it. You will notice I underlined the fact that I was not telling you NOT to file. I have a Andy Jackson that says a VA shrink will conclusively tie your depression to anything but service. The reason being is that you did not evince it while you were in. It's a dry hole, TC. There will be nothing to support it. In this poker game, evidence is king. No tickee-no laundry.

If this sounds mean or confrontational, I apologize. I, too love my fellow Veterans more than you or any of them will ever know. I left some behind in Laos in 1970 because I couldn't save them from 1500 feet up. I did my penance in the Mojave Desert for two years alone talking to tortoises and sidewinders after I got booted when I came home. They called it a "personality disorder". I made a vow I would never leave another behind. However, If I am not qualified to teach them how, I would never attempt to. My expertise is HCV and SMC and I am rightly proud of what I have done for others in the last five years.

Happy Labor day, sir and thank you for your unselfish commitment to keeping America free. Few hear the call. Fewer still sign on the line. Some don't come back.

Clear prop

Edited September 1, 2014 by asknod