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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Max Rommel

Do they really have my separation physical exam??

Question

One more question from a newbie. I applied for disability for hearing loss and Tinnitus. I was awarded 10% for Tinnitus but zero for hearing loss. In the denial letter for hearing loss the VA said that my hearing today is actually better than when I was separated 51 years ago! I am very skeptical. When I started my VA disability efforts they could not find my DD214. They said "We have no record of your service." So I gave them a copy of my DD214 and we went forward from there. So my question is: Should I believe that they really have my separation medical records when the VA couldn't even find my DD214? Should I appeal the hearing loss decision and ask to see a copy of my physical from my separation that they claim to have?

Thanks again,

Max

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You should be able to request your military personnel file here: https://www.archives.gov/veterans/military-service-records

The entrance and exit exams are typically stored as part of your medical treatment records. When I got out in 1995, the Army just handed me the entire medical records. I assume they might have done the same for you, but that was well before my time. The exit examination may be stored in your claims file (c-file) at the VARO.

Another option would be to request and examine a copy of your C&P exam results. Compare those to the decision letter from the VA. And then compare those to the rating criteria for hearing: §4.87   Schedule of ratings—ear

I had a situation where the C&P exam findings were in my favor, but the rater screwed up and did not read the results correctly. That's why I always recommend double-checking any decision from the VA to ensure they didn't screw up.

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Well when has the VA made any sense?

They will give hearing aids  if we show any loss of hearing but they set the hearing criteria way to high as to we need to be damn near completely deaf for any percent of compensation.

As for as physical exam at separation  yes they can dig way back for it and see how everything turn out at separation  by reading what was placed in the separation notes or medical records

if your denied for hearing loss  usually noise induced hearing loss , NOD the decision and go to a private state license Audologist and have them to follow the VA Hearing criteria and use the Maryland CNC Word test.

compare your VA Testing that they denied you on to your private testing  ask the audiologist if you have a considerable amount of hearing loss? mild? severe ?or profound ? and how well was your word discrimination test score

if the private test warrants a high enough rating  then submit that has evidence in your NOD  ..Usually I'd request a DRO Hearing...but some new things are happening now for Veteran that enroll in the RAMP program to speed up the NOD Wait times.

Edited by Buck52

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Thanks for your reply. I'll use your info to follow up. One thing that's amusing is they gave me a $4,000 pair of hearing aids and then followed up by denying my hearing claim. 

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That's typical of the VA

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