Heller Posted October 25, 2017 Share Posted October 25, 2017 I submitted a fully-developed claim which included audiology results from a certified Au.D.: Average of 1k, 2k, 3k, 4k = 58 in best ear. Speech recognition 55% & 65% The VA made me take a test with their (outsourced) audiologist, unknown credentials: Average of 1k, 2k, 3k, 4k = 56 in best ear. Speech recognition 94% & 94%! How could there be such a discrepancy? Is this enough to appeal, or should I get another audiologist? Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted November 13, 2017 Moderator Share Posted November 13, 2017 You deal with an incompetent VA contractor the same way you deal with any other erroneous medical information. There are 2 methods: 1. You have a right to dispute erroneous (medical inforomation) in your file. You dispute errors in with this regulation, 38 cfr 3.1579: Quote § 1.579 Amendment of records. (a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either: (1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or (2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official. (Authority: 5 U.S.C. 552a(d)(2)) 2. You can get an IMO/IME to refute medical evidence. Lay evidence does not refute medical evidence. Speech discrimination is super important to your rating. I will try to explain why. Your brain interprets certain words to mean things. For example, if you said, "pass the spoon", I would hand you the oval shaped eating utensil, as I would understand what spoon means. But that ability "breaks down" with time, and your brain loses its ability to make that interpretation, often, with hearing loss. As an example, if I asked you to hand me a cuchura, you probably dont know what that means even if you heard me exactly. You heard the word, but your brain did not interpret "cuchura" into a spoon because you may not understand spanish. With speech discrminination you hear the word "spoon" but your brain can not interpret it..its "as if" you heard the word in spanish or chinese, you still would not know to pass the spoon. Hearing loss is progressive, and most hoh lose about 5 percent of their hearing a year. Worse, their speech discrimination declines even more dramatically. VA's hearing loss program is set up to rate you at 0 percent, or sometimes 10 or 20 percent, but usually 0 percent. You have to fight them to get service connected, fight them for the disability percentage, and fight again for the effective date. As the new VASEC admitted, its an adversarial system. Link to comment Share on other sites More sharing options...
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Heller
I submitted a fully-developed claim which included audiology results from a certified Au.D.:
Average of 1k, 2k, 3k, 4k = 58 in best ear. Speech recognition 55% & 65%
The VA made me take a test with their (outsourced) audiologist, unknown credentials:
Average of 1k, 2k, 3k, 4k = 56 in best ear. Speech recognition 94% & 94%!
How could there be such a discrepancy? Is this enough to appeal, or should I get another audiologist?
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