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Navyguy2013

Case for a CUE? DBQ hearing loss evidence dismissed

Question

My recent DBQ for tinnitus and hearing loss is confusing. The audiologist performing my DBQ states my tinnitus is “At least as likely as not (50% probability or greater) caused by or a result of military noise exposure. Rationale: The veteran was exposed to excessive noise exposure (acoustic trauma) during service. Excessive noise exposure (acoustic trauma) is known to cause tinnitus; therefore the tinnitus is at least as likely as not a result of military noise exposure.

So that part is good.

But then, in the same test, by the same audiologist, my hearing test which is listed as permanent positive threshold shift for both ears with a 70% score (both ears) for the speech discrimination score (Maryland CNC word list) is denied for SC.

The rationale the audiologist states for being denied SC for this is: According to the American College of Occupational Medicine Nose and Hearing Conservation Committee, “a noise induced hearing loss will not progress once it is stopped” therefore it is my opinion the veteran’s current hearing loss is less likely than not related to military noise exposure/acoustic trauma.”

 

What does this group think the VA will award me for this DBQ, and is this a good case for CUE?

HEARING LOSS AND TINNITUS DBQ.pdf

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Make sure they applied Fast Letter 10-35 (available here under a search) to the claim when you get the decision and if they deny, it might well be a CUE scenario under my GCY tactic- aka go CUE yourself VA....explained here and I asked the Sec to make that tactic a Fast Letter.  searchable in CUE forum.

Worked for me and 2 vets here---CUE filed in appeal period prior to NOD deadline.

 

 

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