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below is my personal statement for my hearing loss. i beleive this might be a CUE and have outlined in my statement why i belive that. if anyone has any input on this i greatly appreciate your help! please if you have any follow up questions regarding my denials etc let me know
tahnks again in advance
I started having these symptoms after the IED explosion I was involved in while serving in Iraq, which I suffered a mTBI (please refer to the provided personal statement regarding the event). Before the event, I was a good student in school, usually getting A’-B’s, and never presented or was diagnosed with any attention-deficit/hyperactivity disorder [ADHD], language impairment, and learning disabilities. None of the other symptoms misunderstanding or difficulty “hearing” movies, songs, etc. presented them selves until 2008, after the event.
During my tour in Iraq (9/2017 -4/2018), I was also exposed to a fuel known as JP8. We used multi-fuel vehicles during our convoy missions, and JP8 was the primary fuel we used. I was exposed to JP8 at least 3 times a week (as many as 5x) during this period for missions that lasted from 8-12 hours depending on the trip. Fueling was done before and after each mission which could be as long as an hour of waiting and fueling before the mission and sometimes as long as 2 hours after a mission; exposure to JP8 fumes during this period as well as the exhaust during the missions. On long missions that required return of the same convoy we came with, we also would fuel before the return trip.
The symptoms I have are listed below:
· difficulty understanding or following conversations with competing background noise
· problems understanding dialogue on tv or in movies (often requiring use of closed captioning)
· struggle to understand or make sense of song lyrics (misinterpreting whole phrases and cannot hear the correct phrase even after being told what the actual lyrics; i.e. “Wild Thoughts” by Rhianna(thinking the chorus that contains the same name as the song is saying “When I'm with you, all I get is why-thos”) and “Got Whatever It Is” by Zac Brown Band (thinking the chorus that contains the same name as the song is saying ”she goggle pennants” and the phrase “you got whatever it is” is saying “gobble gebble goo”)
· confusion of names of people with who I have had long relationships with close alternatives names that are not correct (i.e. Diana and Deanna, Sidney and Cindy, Micaiah and Mikala)
· strain to locate direction of sounds, in silence and with background noise
· difficulty following conversations that are rapid fire or fast speakers
· Frequent requests for repetitions, saying “what” and “huh” frequently
· Misunderstanding for sarcasm or other tone and sentence cadence that give clues to speaker’s intent, which result in Inconsistent or inappropriate responses
· sounds like listening to through water
· difficulty understand children (while others around me understand them and help me with grasping what is being said)
· feeling exhausted from listening
The symptoms I have experienced do not equate to an organic hearing loss (outer or middle ear or hearing loss at the level of the cochlea or auditory nerve) that can be detected by standardized puretone audiometry frequency and speech discrimination testing I have had done in the past. All my hearing tests done by the VA and from my outside audiologist reflect normal organic hearing along with undamaged structures in my ears. This lead me to seek out another explanation for the auditory problems I have been suffering with that eventually pointed to CAPD.
The VA has provided information and studies that have linked blast injuries to CAPD. JP8 was also linked in the disorder (please see below links to VA websites provided information). With these clear connections, my exposure and injuries, my symptoms and the clear diagnosis by a licensed audiologist the obvious link to service is distinct.
I also have been reporting these problems since 2008 when I first filed a claim for hearing loss. I described these symptoms to the VA audiologist at that time with no mention of CAPD as a possibility. A normal standardized puretone audiometry frequency and speech discrimination hearing test was done that showed no discernable hearing loss and my claim was denied. I again put forth a claim in January 2019, saw the VA audiologist, described the symptoms above and the result was a normal standardized puretone audiometry frequency and speech discrimination hearing test was done that showed no discernable hearing loss and my claim was denied again. This is a “Clear And Unmistakable Error” by the VA in their “duty to assist” me as the veteran in my claim of hearing problems. Regardless of how and what label is used to file a claim, the claim should be evaluated by the symptoms reported by a veteran, and if further testing or examinations are needed, it is the duty of the VA to provide these. The correct facts were therefore not before the adjudicator, resulting in a denial of claims based on the facts provided to the adjudicator at the time of review. This is not an argument or disagreement with how the facts were weighed or to correct and an earlier diagnosis to CAPD, but rather the fact that the VA failed to assist me as the veteran to have the correct examination/testing based on my reported symptoms during the C&P (Compensation and Pension) examinations and hearing testing and get those results before the adjudicator is an undebatable error. If the correct facts would have been provided, a clear service connection for CAPD would have been given in 2008. -§3.159 Department of Veterans Affairs assistance in developing claims(c)(4)
DID NOT FILE CUE BASED ON DTA. PLEASE READ THREAD TO SEE BERTA EXPLANATION ON WHY THIS IS NOT VALID! BUT MAYBE CUE FOR OTHER REASONS. STILL PENDING AS OF 4/17/2020
I originally filed a claim for bilateral hearing loss for both my left and right ear, but 2 years ago was only awarded Service Connection for my Left Ear, but only at 0%. The VA said that it was at 0% due to my Right Ear being at normal hearing at the time of my hearing test. But I just now filed a claim for an increase in my Left Ear hearing loss. I went for another C&P hearing exam. I told the Hearing Doctor that now my Right Ear was getting bad too and could she test me for hearing loss in my right ear this time. When the test was all over she told me that I did have some Right Ear hearing loss this time, but it was no where near as bad as my Left Ear. So I left there thinking I would be awarded something for my Right Ear now that the Hearing Test showed Right Ear hearing loss. But on Ebenefits it still shows Not Service Connected. How can you have your left ear service connected for hearing loss and not your right ear, if you were exposed to an explosion? It doesn't make any sense. That was the whole reason they service connected my Left Ear to begin with. Now that the hearing exam shows hearing loss in my Right Ear, the VA gives the excuse that my Right Ear hearing loss isn't Service Connected, because whenever they originally tested my Ears 2 years ago for my original claim the hearing exam didn't show any Right Ear hearing loss. But everyone knows that Hearing Loss can occur many years after the fact. My Dad served in Vietnam and was exposed to explosions on a daily basis, but he didn't show any immediate signs of hearing loss for decades. It wasn't until the last few years that we've noticed his hearing getting worse, and so now he filed a VA claim and was awarded for Hearing Loss and that was from back in 1969. So Hearing Loss doesn't have to happen overnight. Just because I didn't have it 2 years ago, but I now do, doesn't mean it isn't being caused from the same explosions from whenever I was in the service and what caused my Left Ear hearing loss. Has anyone else been through anything like this before? Any suggestions as to what I might be able to do to help? Thanks.
I'll try to be brief.
Va claim filed April 2019 for sleep disturbances, jaw condition, scar in mouth, painful scar. In June my scar was rated 0% and pain 10%. Jaw condition was deferred and sleep disturbances ignored.
In July I filed somatic symptom disorder and mood condition secondary to all my denied disabilities and current ones. I received a letter saying I did this incorrect and ebenefits updated accordingly deleting the claims. Then in August I filed somatic symptom disorder and mood condition secondary to jaw condition and scar pain. I also filed hearing loss primary. Ebenefits updated accurately showing what i claimed.
In October I get a call from the regional office wanting to clarify what I was trying to claim. They then attached my somatic symptom disorder and mood condition to my sleep disturbances claim. The person told me I would retain my original effective date of the April claim.
I attended c and p for jaw condition and hearing loss. I submitted a dbq from a board certified psychologist. The October called said I had plenty of information to get it rated.
I looked at ebenefits December 14th and have now been rated 20% combined due to my scar pain and TMJ. Claim CLOSED.
I called VA 1800 number and they tell me the somatic symptom disorder and mood condition, as well as hearing loss are attached as secondary to tinnitus which is pending appeal (and nothing else).
What I did from there this week was submit a 21-4138 explaining I claimed those secondary to tmj and scar pain, not tinnitus. Also hearing loss as primary. I then called the VA and they took a statement to send to the regional office.
Has anyone had experience with this and should I be worried?
Will I still retain my effective date with my original claim?
i recently put in a claim to reopen a prior decision on bilateral hearing loss and one with dizzines. VA tested but C&P doc only looked at first enlistment. said hearing loss is there but not service connected and did not give a percentage of what that hearing loss is.
The hospital itself has ordered me to take a new hearing test but that is not until december 2018
VA deferred claim on dizziness and order new c&p and hearing test the hearing test is on the 13th of November 2018 and C&P is on the14th at QTC facilities.
The question I have is should I bring my copies of military STR's concerning hearing test.
Original claim was denied
had this finding
[X] Sensorineural hearing loss (in the frequency range of 500-4000 Hz)*
ICD code: 389.11
and this write up
If present, is the Veteran's hearing loss at least as likely as not (50% probability or greater) caused by or a result of an event in military service?
[ ] Yes
Rationale (Provide rationale for either a yes or no answer):
1.RME dated XX/XX/XX (at induction) documents hearing within normal limits bilaterally.
2.RME dated XX/XX/XX (at separation) documents hearing within normal limits bilaterally.
3. Comparison of induction and separation exams indicate no significant change in hearing sensitivity and documentation of an
OSHA-defined STS during military service CANNOT be established from this audiometric data.
4. The documentation of hearing within normal limits at induction, documentation of hearing within normal limits at separation, and
the lack of documentation of an OSHA-defined STS during military service indicate that it is NOT at least as likely as not (50/50 probability) that veteran's current hearing loss is related to his military service
Items 1 and 2 only refer to my first enlistment and what she called my "separation is actually marked as a re-enlistment physical.
Item 3 there is an OSHA STS in the records she did not look at.
The award letter used the same language denying my claim to (at least) service connection but probably 0%.
The decision letter on reopening the claim should arrive by Monday the 12th and I plan on filing an appeal/nod on their denial of service connection based on them not looking at all the files and tests.
AS it pertains to this newest C& P and hearing test, I want to make sure that this time they look at all the records to demonstrate that the hearing loss occurred in service particularly if they suspect Meniures (sp?) disease is causing my vertigo and dizziness.
So will bringing my hearing test records and the first C&P to the tests at QTC help or hurt me?
I am new to all of this so I just have a quick question that maybe someone can explain to me. I went to the VA last year and received a 10% rating for tinnitus and )% rating but that it was service connected for hearing. After my 3rd hearing test I was given a set of hearing aids because they deemed that certain frequencies and speech I could not hear. I did an appeal for the 0% hearing loss cause makes no sense to me that there is enough to rate hearing aids but not within specs for a 10% rating. Does this make sense to anyone?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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