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Hearing Loss Rated at 0%

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maingun

Question

So I jumped through all the hoops with the C&P exam and got 10% rating for tinnitus (thanks to you guys on this forum), but my hearing loss was rated at 0%! The determination letter gives me all kinds of numbers:

   Left ear 84% speech discrimination, dB loss 15 at 500 Hz, 25 at 1000 Hz, 50 at 2000 Hz, 65 at 3000 HZ and 80 at 4000 HZ

   Right ear 92% speech discrimination, dB loss 15 at 500 Hz, 15 at 1000 Hz, 50 at 2000 Hz, 65 at 3000 HZ and 70 at 4000 HZ

The letter says the hearing loss was service-related, but is evaluated at 0%.  I assume that means the loss doesn't rise to the level of a disability, which is a big load of BS.  I've been dealing with this ever since getting out of a tank turret.

So what's the best way to appeal?  Should I go to a private audiologist and get myself tested before appealing?  Or just go straight to the appeal process?

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Hamslice:

    I could get a BVA decision on this in a few months, or even a few weeks.

    Upon talking to the various people, I think I still have a 2009 docket number.  (I got a remand in 2012 (2009 docket number)  from BVA, and it took the RO another 3 years to implement the remand. I have disputed the RO's implementation of the remand, so it goes back to the BVA).

 

    There is a fair chance, tho, that hearing loss increase could be "moot", if the BVA awards TDIU, an earlier effective date, or SMC S.  The VA wont let you continue an appeal without a "case or controversey".  In other words, if I got IU with an earlier date, then there would be not case and it would be fruitless for me to continue the hearing loss issue.   I actually think the Va will award the other stuff so they can "fix" 4.85 (b) without addressing it in a decision.  They dont want to open up that can of worms, it will be worse than Nehmer.   My attorney agrees with my interpretation of 4.85(b).  Crazily the VA interprets "horizontal" to mean "vertical" and vice versa!!

  

Edited by broncovet
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Bronco, thanks for the info.  I worked the numbers and don't come up with the same result you did.  Left ear speech discrimination 84% with 55 avg dB loss.  Right side 92% with 50 dB loss.  On the Puretone Threshold Average table, that generates a I for the right side and II for the left.  Taking that to Table VII gives a 0% rating.

Am I calculating wrong?

If those numbers are right, I'm guessing my next step is to get an outside hearing test to VA standards and use that as a basis for appeal?

Maingun

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Sorry for your misfortunes bud, but the 0% is correct. I was granted the 10% Tinnitus and my hearing results were severe hearing loss in R Ear, and Moderate in L Ear and I was granted 0% as well, and I was documented for years with these issues while I was active due to being Naval Aviation.  I have personally helped a few Vets in the last year, that wear Hearing Aids in both ears, and yet were rated 0%. Good luck

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