C&P for dizziness and audiometry test ordered..can I bring old records to the c&p

[GeekySquid]

Hey all

i recently put in a claim to reopen a prior decision on bilateral hearing loss and one with dizzines. VA tested but C&P doc only looked at first enlistment. said hearing loss is there but not service connected and did not give a percentage of what that hearing loss is.

The hospital itself has ordered me to take a new hearing test but that is not until december 2018

VA deferred claim on dizziness and order new c&p and hearing test the hearing test is on the 13th of November 2018 and C&P is on the14th at QTC facilities.

The question I have is should I bring my copies of military STR's concerning hearing test.

Original claim was denied

had this finding

[X] Sensorineural hearing loss (in the frequency range of 500-4000 Hz)*
ICD code: 389.11

and this write up

3. Etiology
If present, is the Veteran's hearing loss at least as likely as not (50% probability or greater) caused by or a result of an event in military service?
[ ] Yes
[X] No
[ ]
Rationale (Provide rationale for either a yes or no answer):
1.RME dated XX/XX/XX (at induction) documents hearing within normal limits bilaterally.
2.RME dated XX/XX/XX (at separation) documents hearing within normal limits bilaterally.
3. Comparison of induction and separation exams indicate no significant change in hearing sensitivity and documentation of an
OSHA-defined STS during military service CANNOT be established from this audiometric data.
4. The documentation of hearing within normal limits at induction, documentation of hearing within normal limits at separation, and
the lack of documentation of an OSHA-defined STS during military service indicate that it is NOT at least as likely as not (50/50 probability) that veteran's current hearing loss is related to his military service

Items 1 and 2 only refer to my first enlistment and what she called my "separation is actually marked as a re-enlistment physical.

Item 3 there is an OSHA STS in the records she did not look at.

The award letter used the same language denying my claim to (at least) service connection but probably 0%.

The decision letter on reopening the claim should arrive by Monday the 12th and I plan on  filing an appeal/nod on their denial of service connection based on them not looking at all the files and tests.

 

AS it pertains to this newest C& P and hearing test, I want to make sure that this time they look at all the records to demonstrate that the hearing loss occurred in service particularly if they suspect Meniures (sp?) disease is causing my vertigo and dizziness.

So will bringing my hearing test records and the first C&P to the tests at QTC help or hurt me?

Thanks

 

 

 

[Richard1954]

GeekySquid,

 

You can bring anything you want to the c/p exam.. but   factually  the C/P  tester isn't going to look at anything you bring with you. The examiner is just going to give you a hearing test. They will not even opine about the exam   to you, and because this c/p exam is nothing more than a hearing test, it is very doubtful that the examiner will actually voice any opinion, because the exam will speak for itself, and it is up to the raters to determine if you have a hearing issue for rating purposes..

If you have already provided the medical records to the VA regional  office good, if not send them to the regional office.  As to the past  rater not getting all the records right the first time,  that is only considering your 1st exam and not the final exam on discharge, is something that would be a cue if they had the records and ignored them.

When I was finally granted service connection for a hearing loss, it was 19 years after I had retired. I had many hearing test since I had retired and each time a rating was denied.  In 2005, when I took a hearing test long before I submitted  any new claim,  the examiner did ask me some questions, like what was my MOS, how long have I had hearing problems, how long was I in service etc.... after taking the hearing test she determined that I had high frequency hearing loss. I did in fact show her a copy of my final hearing test in 1986. She determined because of my MOS, and my final hearing test from service that my hearing loss was service connected. It was not until she opined about the results that I submitted a new claim. I was awarded 0% in 2005. Since then I have tried a couple of times to get an actual disability rating of at least 10%.  My hearing is worse than ever.  I presently have an appeal on the latest denial.  What the c/p examiners do is crank up the volume of the word test... in my case it was cranked up to 80 DB, normal hearing is  from 0 to 20 DB in all ranges.  Because they crank up the volume I end up getting a 96% on the word test, which results in 0% for compensation purposes. They however do not crank  normally crank up  the volume when you just go in for a hearing test... when I questioned this practice I was told they have specific instructions on how to test for C/P exams.  In my case,  my hearing in 2005 wasn't a whole lot different than it was in 1986.. but I now had an opinion  that it was considered to be service connected from a va examiner.  I think if not for her opinion I would still be fighting for service connection today, because prior to that no one had ever stated my loss was due to service connection.... 

I suggest you get a hearing test from a private examiner, ( they must do the test according to va standards)  and then show your military records to that examiner and get an opinion one way or the other.. Don't make the mistake I made and wait years to get it service connected because I never got an independent medical opinion (IOP). 

 

Good luck

 

[Carl the Engineer]

On a re-open, which requires new evidence, your new evidence would have went in with your claim.

Your C&P is for them to test your ears to see if you have a hearing loss, etc..

However, the rater could ask the examiner to opine on whether it was more likely than not related to your service, but as far as hearing loss goes, I think that is already cooked in the cake and would relate to your MOS or an injury that had occurred relating to hearing.

I did a secondary claim unrelated to hearing and the rater asked the examiner to opine, but that question was whether one could contribute to the other medically, etc.  Not sure how that would work with hearing.

Hearing loss in itself is rated at 0% unless you are just about deaf.  Tinnitus is rated at 10% whether one ear or both.  These are my ratings.  And by MOS, I am assuming.  I was rated when I made a claim within one year of leaving service.

Anyway, take them with, you never know,

It's the new VA now,

Hamslice

 

 

[Buck52]

A C&P Examiner can and will give his/her opinion on the Exam  it depends on rather or not they believe your test results (in my opinion anyway) These C&P Examiners especially the Hearing claims are usually VA Employed  LIKE in the ENT Clinics.

 Loss of Hearing claims are the hardest to establish SERVICE CONNECTION...Once S.C. is established  then its just the proper reading of the hearing test results and your CNA word discrimination test score.

 Just my opinion here.

I don't think its fair to Veterans that do have a hearing problem to be tested in a sound proof box with head phones on  with Amplified sounds..we  will hear sounds in that type of environment ,

or other wise or in a natural setting we can't hear these sounds or the words  as which we do not live in a sound proof box and wear head phones over our ears to be able to hear good..even with the best of hearing aids.  I believe there are a lot of veterans out there that stop the fight with VA over hearing loss if they get denied.

I tell all veterans if they are hard of hearing and even if VA has given them the best of hearing aids but their claim is always denied, don't settle for this  if you have a Hearing problem keep on fighting the VA for your benefits  eventually you will WIN.

[GeekySquid]

7 hours ago, Richard1954 said:

The examiner is just going to give you a hearing test.

Hey, @Richard1954 , @Hamslice , and @Buck52 thanks for responding. I think I need to make myself clearer. the one time i don't write a novel and i glide past important details.

the c&p is being done at QTC. The second appointment of the pair is with an Otolaryngologist, the first appointment of the pair is with an audiologist. The OTO requires a hearing test be done.

the VA hospital is ALSO doing these same tests the following month. They are trying to rule out all the possible causes of my dizziness. seems redundant but who knows.

Neither of these is for a rating decision on hearing.

My purpose in bringing in the STRs is because the 2013 award letter and hearing c&p ignored everything past my first 4 years in the service. Meaning they ignored the rest of my military service, including several nexus events. My hearing loss is documented in service and there was an OSHA STS plain as day next to a baseline adjustment they made in service during my 2nd enlistment.

I don't want the OTO to say yep this is the problem but he was only in for four years so its not SC. just like the 2013 audiologist did in the results I posted in the OP. I am just not in the mood to play any more games like this with the VA.

-------below this is a separate issue but related to the 2013  C&P------------------------------

as for the 2013  c&p, The full award letter granted ptsd 70%, tinnitus 10%, but bilateral hearing loss just says Not Service Connected with NO RATING PERCENT.

the award letter says nothing about only looking at my first enlistment or I. would have pitched a fit then and found out that NOD's existed and how to do them. It clearly states my full service career and all my I DIDN'T GET CAUGHT medals.

Now my only option is to reopen. since I don't have the latest award letter in hand, denying the reopening for bilateral hearing loss, but granting smc-k for  ED, I cannot say why they refused to reopen.

what I do know is that all the information was in my c-file. the PTSD c&p and the award letter both state my years of service. The rater and the audiologist either ignored all my other hearing tests, didn't see them or did not look for them .

No matter how you shape this the data in my files either constitutes "new and material" evidence, since they did not use it in making the rating decision for service connection OR it is CUE.

Since this is a NOD, I will hold off on CUE. Let's see how pigheaded the Seattle RO and DRO will be when I point out, but don't claim, that a cue exists or it is new and material.

that the original RO failed as did whomever refused to reopen.

that the C-file shows beyond a doubt that the hearing loss occurred in service.

that it is inarguable that the Rater and Audiologist failed to use all the evidence at their disposal.

that it is inarguable that the outcome would be significantly different between being SC and NSC.

I will point out that the Audiologist clearly describes her error when she states the years of my records she relied on.

That her error is unmistakable.

I will tell them i want the service connection granted at the maximum allowed by law that my exams merit and that I want the date to be the same as the original claim in 2013.

I will also tell them I want a full DRO hearing via video conference so I can record it myself and that I will be raising improper notification and failure to assist in my appeal.

I will also slide in that the same failure to assist on these items extends to my diagnosed OSA and cpap issued by the NOLA RO and that will be brought up later. just to get it into the record that they failed to assist or inform me that OSA was a ratable condition yet they had the diagnosis in the file when they granted for ptsd and tinnitus.

 

[Richard1954]

3 hours ago, Buck52 said:

A C&P Examiner can and will give his/her opinion on the Exam  it depends on rather or not they believe your test results (in my opinion anyway) These C&P Examiners especially the Hearing claims are usually VA Employed  LIKE in the ENT Clinics.

 

This will depend on the examiner... I just went thru this here in Temple Texas not long ago.. and the examiner did not give her opinion, in fact she specifically told me that it was not her place nor was her opinion requested. She did the hearing test and that was that..... 

[Buck52]

Richard 1954 = OH OKAY if its not for rating perposes...Roger That.

Here is what the normal C&P (Compensation and Pension Exams) Examiners are required to do

A Compensation & Pension (C&P) Exam, also known as a VA claim exam, is a medical examination of your disability performed by a VA doctor – or a VA contracted doctor. VA uses C&P Exams to gather more evidence on your claim before making a rating decision. Typically, VA examiners are looking to 1) confirm or deny service connection, and/or 2) establish the severity of your disability.

Before the exam, the examiner should review your claims file, or c-file, which contains all the evidence you have submitted with your claim as well as any medical treatment notes that VA has requested from your healthcare provider(s). The exam itself usually only lasts about 15-20 minutes. Exams may be as short as 5 minutes or as long as a few hours.

Then a COMPLETE REPORT of your condition your claiming is written out ..some examiners use the Proper DBQ some extend their opinion,  the report is sent to your R.O.and sent out to the proper authorities to adjudicate the claim Usually Rating Specialist.

If the rater can't make a decision he/she will usually check back with the examiner and ask some questions about the exam..so in my opinion this is why we have these C&P's for the rater to look at and properly apply the correct rating criteria that meets the Veteran conditions he /she is claiming.

the results rely on the evidence that is presented. (jmo)

 

Edited November 9, 2018 by Buck52