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Hearing Tests Expert and possible cue
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Question
GeekySquid
Okay, so I got the CDROM with my C-file this week, and I already knew that there were problems with my C&P for bilateral hearing loss conducted in 2013 but needed the C-file to do anything. I found out about the error in 2017 when a paper copy of my c-file showed up out of nowhere after more than a dozen statements from the VA, St.Louis Rec Mgmt, and the Navy saying no one could find my records.
When the C&P happened I was never mailed a letter with the results and that justifications. I did receive my rating later for 70% PTSD 10 % Tinnitus as being SC. My American Legion rep said the bilateral hearing loss claim was denied. I took his word for it and went on about my business.
The paper copy of the c-file arrived and besides a cursory look I did not dig much into it. One day I did some more looking and found the C&P and it clearly stated that the examining Doctor only looked at the hearing tests for my induction and end of my FIRST enlistment. She completely ignored my second enlistment and even called the second enlistment a separation instead of a reenlistment.
I did not deal with it at that time because I was doing a hundred things and then I moved up to Seattle and put that box in storage back in New Orleans while I decide if I can last the winters here.
I have found several distinct problems w/ my c-file and her determination reasoning and what I want to find out is if these readings mean anything but more importantly if this is properly submitted as a CUE? The lack of service connection for the left ear will make getting hearing aids a problem later in life and frankly I say 'huh' a lot as it is.
1) she only looked at one enlistment
2) she stated that "...an OSHA-defined STS during military service CANNOT be established from this audiometric data." Yet in the file is that very document but from my second enlistment period.
3) Including the C&P there are 6 hearing tests in the file. There should be at least 4 more, as my job required an OSHA hearing test every two years, these are mandated tests and do not substitute for reenlistment and discharge hearing tests.
4) The one OSHA test in my c-file is marked in writing as "an OSHA-defined STS during military service CANNOT be established from this audiometric data." This file says it occurred 3 days after another OSHA test which shows a 20 DB loss in my left ear at reenlistment but none of the intervening tests are in the file. This one "reset the baseline" to 0 for the 4000Hz frequency. I Don't understand this and do not remember ever taking back to back hearing tests or being told to sit in a quiet place for 3 days before being retested.
5) The final in-service test is off the charts compared to my other tests. I have 70's and 75's in my right ear and 30's in my left. My AVG for the right ear is a 37.5HL.
6) the C&P says there is loss but not enough to be rateable. which is fine but it also says the loss is not service connected. which is flat out wrong.
7) For the right ear she lists an IDC 9 code of 389.11 which is for BILATERAL Hearing Loss, but says there is no loss in the Left ear.
sorry about the huge table, but it shows the readings for every test in my c-file. The one in blue is the OSHA baseline reset test and the numbers in red are the noted 20 db difference the triggered the supposed reset of the baseline.
any CUE help would be appreciated. I think it is one but I am not sure.
Induction
250
500
1000
2000
3000
4000
6000
8000
Avg not including 500
right
na
10
5
20
0
0
5
na
(30/5) = 6
left
na
15
10
0
0
5
15
na
(30/5) = 6
Re-up
250
500
1000
2000
3000
4000
6000
8000
Avg not including 500
right
na
30
10
5
5
5
10
na
(35/6) = 5.8
left
na
15
10
5
0
20
5
na
(40/6) = 6.66
osha 87
250
500
1000
2000
3000
4000
6000
8000
Avg not including 500
Right
na
10
5
0
0
10
-5
na
(15/6) = 2.5
Left
na
5
5
5
5
0
5
na
(20/6) = 3.33
osha 87 3 days later
250
500
1000
2000
3000
4000
6000
8000
Avg not including 500
right
na
10
5
10
-5
0
5
na
(15/6) = 2.5
left
na
15
5
5
5
0
10
na
(25/6) = 4.16
Discharge
250
500
1000
2000
3000
4000
6000
8000
Avg not including 500
Right
na
5
70
30
25
20
75
na
(225/6) = 37.5
left
na
10
5
10
5
0
30
na
(57/6) = 9.5
C&P
250
500
1000
2000
3000
4000
6000
8000
Avg listed in C&P
right
na
30
20
15
15
40
25
20
22
left
na
20
10
15
15
15
20
10
14
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