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Denied SC for Tinnitus - Seriously confused - contradictory C&P opinion?

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RangerWife

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My husband was just denied SC for hearing loss and tinnitus. I would have expected 0% hearing loss for left ear and 10% tinnitus. I attached the C&P resultsAudiology DBQ.docx - it seems to me like the audiologist contradicts herself in her rationale - or maybe I am just confused? But overall it does seem to say he has tinnitus and its linked to service? Not sure what to think of this. Any insight would be appreciated!

Thank you!

 

 

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A VA examiner (rater) doesn't necessarily focus entirely on the diagnosis offered by a contracted c&p audiologist or even a doctor.. While your husband may well have hg. loss and tinnitus, the examiner may determine it was not incurred in service. We all know they 'top sheet' a claim and rarely delve deeply into the STRs. This is also a test to see if you want to fight. If you do, they'll relent on appeal or a HLR and grant.If not, go to the BVA with all the evidence. Welcome to the VA insurance company.

VA is notorious for using the Maxson v Gober argument. If you file 10-15 yrs after separation, it opens the window to the hearing problems being post-service. It's up to you to rebut by showing his job(s) do not entail hearing loss risk.

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Thank you asknod. We will definitely appeal. It is in his service records, including his separation exam and he originally applied for it within a year of leaving service (that's a whole other story on why it didn't get appealed then) but I think he has a good case. We'll see. 

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On 7/2/2019 at 6:50 AM, GBArmy said:

Absolutely! Never give up.Tinnitus at 10% is the max we can get; it is either 10% or denied. You can't get 0%. But if you were in artillery, if you didn't get at least 10%, with the 0% ,you can go back and get it check in a few years because you are now s-c. Interestingly, the way they evaluate, it isn't your ears, it is your hearing. They average the reading from both ears and if the average doesn't make the boggy on the chart, you just get the 0%. Several guys I know have hearing in one ear not too good, but the other ear is, and because of that, the AVERAGE is too low for a rating.

Isn't a 0% rating for tinnitus awarded if it's infrequent? I'm curious what the minimum frequency of tinnitus episodes is for a 10% rating. Weekly, bi-weekly, everyday?

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Code 6260: Tinnitus is the ringing sound in the ear that often comes after exposure to serious aural trauma like explosions. It can come and go, or be always constant. The VASRD helpfully points out that tinnitus cannot be rated if other people can also hear the ringing. Wow.

Seriously, though, tinnitus can often be a symptom caused by psychological or other conditions. In cases like this where tinnitus is a direct cause of another condition, it cannot be rated separately unless clearly allowed by the rating system of the underlying condition. Additionally, only one rating is allowed for tinnitus whether or not the ringing is in one, both ears, or in the head.

If regular or recurrent tinnitus is present, it is rated 10%. Any hearing loss that accompanies this can be separately rated under code 6100.

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  • HadIt.com Elder

Diagnostc code 6260 says that "if regular or recurrent  tinnitus is present it is rated at 10%." Look, either you have it or you don't. If you have it, just say you have it. If asked how frequently don't minimize it. It occurs and you notice it daily; maybe it bothers you more  than other times but it occurs all the time. You start to give them doubt and they will 0% you. I'm not telling you to lie; I'm telling you don't minimize your condition when you go to the exam. It's like that for any C&P; don't tell them your best day conditions, tell them your worse day conditions. Remember, there is no way they can actually test you for tinnitus, it is a narrative evaluation. If you are also being evaluated for hearing loss as well, it seems to me it helps swing it for you. Tinnitus is rated separate from hearing loss, so there are two conditions for disability claims.

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  • HadIt.com Elder

I would go see another state certified audiologist, and let them read some of his medical records  or you can tell him/her about what your trying to do  is get service connected for hearing loss and tinnitus,  although there is no current testing for tinnitus   this is why the veteran needs to let the audiologist know about the ringing sounds in his head also now known as tinnitus.

Getting a hearing test with a private qualified state licences audiologist  or specialist using the VA GUIDELINES and the Maryland CNC Word test.is excellent evidence to submit with his claim, if he shows a hearing loss  depending on the percent of his hearing loss? as to what he will be rated for.

 once service connection has been established  even at 0%  its just a matter of what the % of hearing loss is? 

as this is what they base the hearing loss criteria on as for as the rating.

Hearing loss is one of the hardest VA Claims to get...Maybe because VA  relys on the honesty of the veteran?...but they have ways to determine how much of a hearing loss a veteran actually has with this new modern testing equipment now days.

So just to let you know using a private audiologist to help him with his hearing loss claim    get tested by one of these guys and let him /her give their professional opinion on your hubbys  service connected hearing loss and the degree of hearing loss   if his hearing loss is severe then he can and should be rated to the highest criteria for the VA guide on hearing loss or highest rating allowed by Law...please note a veteran has to be darn near deaf (50%) or higher to get a decent percent for which he should be entitled to  but its actually rated on a 10% bases   the higher the % the more compensation awards.

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