Is it appropriate for a C & P examiner to quote an OSHA regulation in reference to hearing loss and age? I had the C & P exam in June 2015 and was denied service connection. I was found to have hearing loss during my retirement physical and on several previous physicals which was noted by the examiner. The idiot examiner only considered noise exposure during my final year of service!
Excerpt of DBQ:
If present, is the Veteran's right ear hearing loss at least as
likely as not (50% probability or greater) caused by or a result of an event in
military service? No
Rationale (Provide rationale for either a yes, no answer or speculation
reason): The veteran's e-file was reviewed for this opinion. Within
the veteran's service treatment records are audiometric test results
dated 1-25-2005, in the veteran's final year of service. Veteran was a
maintenance supervisor, with limited noise exposure at the conclusion
of service. Result do indicate a hearing loss for the right ear. When age
correction factors are applied, per 29CFR1910.95 Appendix F of the OSHA
hearing conservation regulations, the resultant hearing level are not
worse than expected for the veteran's age at the time of testing.
Thus, the veteran's hearing levels are not poorer than beyond normal
progression. Therefore, it is the opinion of this examiner that the
veteran's right hearing loss is less likely than not a result of
Question
gs106
Is it appropriate for a C & P examiner to quote an OSHA regulation in reference to hearing loss and age? I had the C & P exam in June 2015 and was denied service connection. I was found to have hearing loss during my retirement physical and on several previous physicals which was noted by the examiner. The idiot examiner only considered noise exposure during my final year of service!
Excerpt of DBQ:
If present, is the Veteran's right ear hearing loss at least as
likely as not (50% probability or greater) caused by or a result of an event in
military service? No
Rationale (Provide rationale for either a yes, no answer or speculation
reason): The veteran's e-file was reviewed for this opinion. Within
the veteran's service treatment records are audiometric test results
dated 1-25-2005, in the veteran's final year of service. Veteran was a
maintenance supervisor, with limited noise exposure at the conclusion
of service. Result do indicate a hearing loss for the right ear. When age
correction factors are applied, per 29CFR1910.95 Appendix F of the OSHA
hearing conservation regulations, the resultant hearing level are not
worse than expected for the veteran's age at the time of testing.
Thus, the veteran's hearing levels are not poorer than beyond normal
progression. Therefore, it is the opinion of this examiner that the
veteran's right hearing loss is less likely than not a result of
military noise exposure.
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lotzaspotz
If you suffer from tinnitus, you should claim it. It's a separate claim from hearing loss. Every little bit helps. On days when it's particularly loud and annoying, you'll wish you did.
Buck52
If I was you I would disagree with their decision..''.NOD'' And go to a private ENT Board Certified specialist get a new Hearing test, using the VA Guidlines or here on hadit information of a V
pwrslm
If the C&P examiner stated that he/she examined your SMR and failed to account for all of the information in the SMR, you should challenge the examination. If they omit the facts at hand, it is f
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