hearing loss Tinnitus Denied/Foot Injury Approved

[NGArtilleryMedic]

I had my C&P exams done and was awarded 30% for a foot/ankle injury sustained while at drill. I ended up in the ER because of it and to be honest with what I had read previously expected to be service connected, I just didn't know to what extent. However I also had an audiology exam and was denied service connection because even though there is hearing loss apparently it isn't enough in each of the categories. I've had multiple PHA exams done that show "asymmetrical hearing loss" and now had an audiology exam at the VA and it even shows hearing loss in almost every frequency range with a 94% speech recognition pattern. I guess my question is this, can I appeal it and is it likely to be successful? I've got ringing in my ears constantly and its not getting any better. I constantly have to ask people to repeat themselves. I'm at a loss as to what to do. I'm thankful that I established a service connection for the musculoskeletal exam, but am frustrated with the audiology part. 

Thank you

[Berta]

Forgot to add -Please cover your C file and name prior to scanning anything you attach here...

It is the exact words of the VA in decisions , if we can read them here, that can shape a successful attack.

[Berta]

Buck, we were on line at the same time......I too was thinking of him seeing a Real audiologist but he does not have the denial yet......you gave very good advise.

But they sure might have buggered this up enough to be ripe for CUE, with no need  for an IME , and I didnt have to even prepare a NOD for some of my 'Go Cue Yourself 'claims,that I filed within days of receipt of a few of many of their bogus decisions.

 

[Buck52]

yes Ms berta   we need to see why he was denied. I guess I jump the gun too I was thinking they denied him b/c his hearing loss was not bad enough or up to VA Standards for S.C. 

However if he mention the ringing in his ears and was of constant sound and the VA Audiologist Neglected that...Would that be reason for CUE?

A Veteran can have tinnitus and not show a hearing loss and they should have listen to this veteran...but the VA will go by the Numbers in a hearing test .& usually tinnitus is associated with hearing loss but tinnitus can occur when there's is no hearing loss.

from what I have read about.

[Buck52]

NGArtilleryMedic

I for got to mention this , if you have not yet?  you may want to request your C-File  B/C of the time it takes to get it and the Information that's in it.

[Berta]

If VA failed to consider that Fast Letter (10-35) and his MOS properly , to his detriment, (meaning their failure cost him an award of $$$) then that would be a CUE.

But I am jumping the gun too Buck...on that..because the VA makes so many errors as it is, that it is the Very first thing I look for ,when we can read a new decision here....Did VA commit CUE?

I need to focus more on what I asked the Sec to do regarding things that would alleviate the backlog....and making my CUE within appeal period tactic into a formal regulation, or even just a fast letter would mean that vet reps, lawyers and vets themselves would look for CUEs right away in recent decisions they get- which may be even awards...I did explain this well to Shulkin but then again he is still learning the VA VBA 101 stuff because he was VHA prior to becoming our new Secretary. There is something in my email I have to read yet as to VA 's idea of hopefully reducing appeals to a one year outcome.This is possible and what my letter mainly focused on,plus some info on how VA hides their malpractice stats.

That all will cause me not to be here as much as I often am........so I know you and all the Mods and others here will keep the good ship Hadit afloat!

 

[Gastone]

Then there's the 94% R & L Ear Word Recognition Results referenced on the C & P Exam. The Freq Range of loss will get you the SC but the Word Recognition results of greater than 90% get's you the 0%.

At my 2014 DRO Hearing (Informal), DRO discussed the Loss of Hearing SC 0% Rating. There is no Clinician Decision regarding your Word Recognition, it comes from the computer generated  Word Recognition Recording test results.

Go to Costco or Sam's and get a "FREE" Hearing Test to double check your Word Recognition.

When I compared my 09 0% SC Award based on 92 & 94% Word Recognition DBQ against the results of a 2008 private ENT test results not using a Recorded Word Rec, the results were about the same.

Semper Fi