Request help with Tinnitus Appeal

[Penguin]

I received my VA disability rating decision on 10/23/2017 and here is the denial for my Tinnitus claim:

When I initially submitted my claim, I did not seek help organizing my evidence (which was a huge mistake on my part) and I didn't submit any supporting evidence of this tinnitus claim. But now thanks to the help of this forum, I realize I need to make sure my appeal is good to go before submitting.

I was flight crew in the Navy and I remember complaining several times while on active duty during my annual physicals about ringing in my ears. I have been looking through my medical records to try and see if this was documented at all and I found "tinnitus" in the remarks section of one of my annual hearing tests on 7/13/2017:

In your opinion, does this support my claim that tinnitus WAS diagnosed while on active duty and is a direct result of my service? Also, would you recommend I submit any additional evidence to support my claim, such as lay evidence and/or a more current diagnosis from my doctor listing my symptoms?

What would be the best way to approach appealing this? Can I call my regional office and send this to them and ask that they reconsider? Thanks for all of your help!

[doc25]

13 hours ago, Penguin said:

I received my VA disability rating decision on 10/23/2017 and here is the denial for my Tinnitus claim:

When I initially submitted my claim, I did not seek help organizing my evidence (which was a huge mistake on my part) and I didn't submit any supporting evidence of this tinnitus claim. But now thanks to the help of this forum, I realize I need to make sure my appeal is good to go before submitting.

I was flight crew in the Navy and I remember complaining several times while on active duty during my annual physicals about ringing in my ears. I have been looking through my medical records to try and see if this was documented at all and I found "tinnitus" in the remarks section of one of my annual hearing tests on 7/13/2017:

In your opinion, does this support my claim that tinnitus WAS diagnosed while on active duty and is a direct result of my service? Also, would you recommend I submit any additional evidence to support my claim, such as lay evidence and/or a more current diagnosis from my doctor listing my symptoms?

What would be the best way to approach appealing this? Can I call my regional office and send this to them and ask that they reconsider? Thanks for all of your help!

Ok. So, the C&P examiner threw in a fancy sounding "NON-pathological tinnitus" phrase. Quack, Quack ducky. I call BS. Tinnitus is subjective, meaning only you can hear it. Objective Tinnitus, means when someone else can hear the ringing coming from your ears. Not very likely. So, provide the attached article I labeled "Tinnitus article" and educate the DRO.

Yea. The audiogram is clear and unmistakable evidence that Tinnitus was documented in-service. Go to a VSO, DAV, or other veterans organization near you to assist you. It seems you have a copy of  your service medical record already. If you do, here is how you'll want to gather your evidence:

#1. Organize and start chronologically from the beginning with your entrance exam and entrance audiogram. You shouldn't have remarks about tinnitus in either. Then comb through for all of the patient notes that have complaints of ringing in your ears and make copies. Provide a copy of the above audiogram you posted on the forum last and be sure to circle, underline, put a sticky note with an arrow pointing to the Tinnitus remark.

#2. You'll need to submit your rebuttle in your NOD. Assert the facts. Appeal to the DRO review.

You were a flight crew member whom worked on the flight line. Cite the attached Tinnitus research study and include it in your evidence.(You are competent enough to have the sense to provide medical studies, articles, journal entries, that were done by medical professionals.) The General population is NOT exposed to the level of noise exposure that certain military occupational specialties are exposed to on a daily basis; such as Flight Crew, Artillery, Tank, Engine room personnel. 

#3. Ask friends, family, or co-workers for lay evidence giving their testimonial that you have complained and mentioned ringing in your ears that keeps coming back everyday for as long as they've known you. They have to use their own words, in other words, layman terms.

Tinnitus is capped at 10%, but the longer they take with your claim you'll get a decent retropay. Tinnitus can get worse to the point that it can cause depression or anxiety on a secondary basis. A secondary-condition is rated seperate, usually. Which will increase your disability depending on the severity of symptoms of the depression or anxiety caused by tinnitus. 

It looks like you have some Hearing Loss. Did you put in a Hearing loss claim? If so, was it granted or denied? If not, it would be a good idea to submit one. I got 0% for Hearing Loss, I'll ask for an increase at some point when I go deaf enough. lol.

I'm sure other forum members will chime in. Best wishes on your appeal. 

 

Tinnitus Research Study.pdf

Tinnitus Article.pdf

[Buck52]

You may want to go take a private test from state license Audiologist.

Ask the Dr to go by the VA Guidelines and use the Maryland CNC Word discrimination Test  its on CD..They will know.

Ask the Dr to compare your last hearing test to his, and let the Dr know your MOS from military and what your job was  that you were around sudden loud noise. 

Sudden loud noise without hear protection can and will damage the inner ear and the result is Noise Induced Hearing loss,as this worsen over time, the Dr can give his/her opinion as to go into detail about that some, and the Dr can state that'' it is likely as not'' your hearing lost was caused from your military service also this Veteran states he has ringing in his head  this is know to be Tinnitus and he can go into detail about the cause and relation to noise induced hearing loss  and in his/her opinion  it is likely as not his tinnitus occurred while in the military.

veteran states he has not been around loud sudden noise since his Military service and does not hunt or fish or has fired any type of firearm.

It is my opinion likely as not this veteran hearing loss and tinnitus occurred while in the military.

Please don't hesitate to call me if you have any questions.

Dr Ron Smith (505-***-**** ext 21 Board certified and state Licenses#*******

4426 Johnson St  suite 422

 Olympia Washington, 7*****

[doc25]

6 hours ago, Penguin said:

Doc25 and Buck52, thanks so much for the info! 

I did file for bilateral hearing loss. Below is the denial and it says I don't meet the thresholds to establish service connection.

You're very welcome.

Which Regional Office did this come from? They are completely disregarding your MOS. Appeal that mess. I concur with Buck to get another audiogram.

Also, since you were denied, you'll need to request your C-file. If you have questions how to fill out the fax coversheet and the form, send me a message on here.

Be sure to get assistance appealing. 

va3288.pdf

 2017-01-18+Claims+Intake+Fax+Coversheet-1.pdf

[Penguin]

Doc25 and Buck52, thanks so much for the info! 

12 hours ago, doc25 said:

It looks like you have some Hearing Loss. Did you put in a Hearing loss claim? If so, was it granted or denied? If not, it would be a good idea to submit one. I got 0% for Hearing Loss, I'll ask for an increase at some point when I go deaf enough. lol.

 

I did file for bilateral hearing loss. Below is the denial and it says I don't meet the thresholds to establish service connection.

[Sgt. Wilky]

Don't be discouraged by the VA's response. I was in artillery and they had the gall to deny my tinnitus claims as well. I would follow the advice already given by the other folks here and appeal it. My tinnitus is so bad, the VA has given me hearing aids (even though they don't work well).

Semper Fi,

Sgt. Wilky 

[Berta]

Did the VA apply Fast Letter 10-35 as to hearing loss/tinnitus to your claim?

If not they might have committed a CUE:

https://community.hadit.com/topic/40962-va-fl-10-35/

Can you scan and attach here their whole decision? And the Evidence list?

I will prepare a CUE for you and post it here , if they did not consider  FL 10-35 in the decision.

Cover your C file # and name prior to scanning it-

Did they have the above snapshot info that does say Tinnitus?

 

 

Edited December 10, 2018 by Berta