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Bad Legal Advice?

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63Charlie

Question

I have a hearing loss claim on appeal.

Attorney suggested we drop that claim as the compensation will likely be 0%.

My idea is hearing loss progressively worsens over time and at some point will require hearing assistance medical devices as I age.

As that happens, I could submit new claims for an increase.

Personally I think it is worth fighting for.

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  • HadIt.com Elder

Don't drop it...if your S.C. For hearing loss  you eventually will get comp.

if your not S.C. for it then work on that ,  & if you just got a S.C. at 0% then wait a while and  request an Increase ..they will send you to the Audiologist Dept  ENT for a C&P.

But what ever you do don't drop your hearing loss claim...you might ask for Tinnitus too!  its 10% bilateral. (for both ears)

 Also You Don't need to be Service Connected for Hearing Aids. 

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Thanks Buck52.

I just emailed the attorney after I read what you said.

Tinnitus has been denied as well and is on appeal.

Edited by 63Charlie
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Make sure they consider your MOS too...it is VA Fast Letter 10-35 and should be searchable here.

I just posted it again about 2 weeks ago here.

 

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I submitted the FAST letter, armored vehicle mechanic, and still they won't service connect me.

I had excellent hearing when I entered service,

All frequency losses were 5db or <.

After one year, I had significant threshold shifts when an audiology exam was performed at the base

C&P examiner falsified the DBQ when he stated there were no significant threshold shifts in service..

Examiner checked the box on the DBQ stating I have normal hearing when the audiogram shows I currently have three high frequency losses of 35db @ 4k, 35db @ 6k, and 40db @ 8k, left ear, and I have an absence of contralateral reflexes bilaterally.

Three losses over 30 db per ear makes the grade per VA regs. on hearing loss?

The rater stated there was hearing loss documented in service but not enough loss to be sufficient for VA purposes.

The examiner used the excuse, "It has been many years since the veteran was in service as the reason for not service connecting the current loss of hearing".

The examiner said it was less like as not my hearing loss is connected to service.

So many falsehoods.

The VA C&P examiner contradicts his own self.

I'll keep on fighting them.

Bunch of crooks they are.

 

 

Edited by 63Charlie
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  • HadIt.com Elder

you need  to connect your hearing loss to in service events.

As Ms berta pointed out MOS has a lot of  things than can be related to hearing loss  FROM weapon fire, jet engines, Helicopter Huey's,  demolition, ect,,,ect,,''Noise Induced'' from Loud sudden Noise and over time it destroys the inner ears hair falicals and you start to lose your hearing. 

 Noise Induced Hearing loss can occur years later that you heard while in the military, C&P Examiners should know that...any Audiologist will tell you that 

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  • HadIt.com Elder

With VA you need to be darn near deaf to get a rating , tinnitus its just a matter if they believe you or not there's no testing for tinnitus  you have to let them know of the ringing or sounds coming from inside your head... its called tinnitus, but get it service connected and just keep taking hearing test  even get private hearing test with a specialist .IMO/IME

 if you have a VA Dr says your hearing loss is not that bad...and a private specialist Dr that says other wise who tested your hearing...the VA will likely go with the private Dr  and the private Dr goes by VA Standards of the test. with the CNC Maryland Word discrimination Test.

if he adds a better rational & the testing #'s  and states his credentials.

Edited by Buck52
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