How and what do I file?

[allansc2005]

Afternoon folks,

Normally I'm here asking questions, getting expert opinions..., about veterans I'm trying to help, but today it's about ME.

 

My status: I'm IU P&T 100%;  90%  scheduler.

For many years now, since 1990, I've had a 0% service connected rating on hearing loss, have filed many times to have it increased, only to find out that because my ear was draining every time I had a hearing test, my claim was denied. Crazy huh?

 

Well anyway, yesterday I finally got a hearing test , and my ear was NOT draining, the test was given by a doctor outside of the VA health care system, and I have the test results in hand, and they read "Moderately Severe" hearing loss.

Oh, under the new Mission Act, the VA referred me to the doctor who administered me the above hearing test.

My goal is to get at least 10% from the hearing test, (and yes I know the VA doesn't do the math like the rest of us), and to go from IU P&T 100% to 100% Scheduler.

As a footnote, I already have 30% for vertigo(dizziness and staggering), and 10% Bilateral otitis media.

So, having said/written this, here are my questions:

1. Do I file a new claim for the hearing test results, or file a claim to increase the 0% already established?

2. Once the VA accepts the new claim, and approves it(yes I'm confident), other than the additional 10% increase, will any back pay from 1990 be due me?

3. Can I expect more than 10% due to hearing loss?

Thanks,

 

Allan 2-2-0 HUAH!

 

 

 

 

 

 

 

 

 

 

 

 

[broncovet]

1.  You would file for an increase, since its already SC, but read below, since its unlikely to get you additonal compensation.  At tdiu, you are already at 100 percent, so you dont get more money with 100 percent schedular.  Frankly, unless there is something in it, I dont recommend fighting VA on principle only.  Its just too much work for $0.00.  You would be better off cutting your neighbors grass or shoveling the snow if you want to do something with your time.  

2.  Unlikely.   If you do get an increase it will likely be dated the date of your claim for increase not back to 1990.  The effective date general rule is that your effective date is the later of the facts found or date applied.  The facts found means the date the doc said you had an increase.  That would be the date of the exam, the hearing loss practioner would have no way of knowing "when" your hearing loss worsened, only that it was worse now than it was when rated 0 percent.  

3.  If you post your "maryland CNC average" decibels of hearing loss you can look up the charts or we can look for you.  We dont know what the percent will be because we dont know the examiners numbers.  If you post the decibels of hearing loss, we can calculate the average.  

     Moving from tdiu to 100 percent schedular does not result in an increase in compensation.  TDIU and 100 percent schedular are both paid at the 100 percent rate.  

      Based on your posts, you dont have a single 100 percent disability, so an additional 10 percent wont suffice to warrant SMC S.  To get above 100 percent compensation (either TDIU or schedular) you have to get SMC.  

Edited November 12, 2019 by broncovet

[Vync]

23 minutes ago, allansc2005 said:

1. Do I file a new claim for the hearing test results, or file a claim to increase the 0% already established?

Because you are already SC, just file a Supplemental Claim using this form:
https://www.va.gov/decision-reviews/forms/supplemental-claim-20-0995.pdf

Indicate is is a request for an increase in disability. Include any evidence within the prior 12 calendar months and they will backdate the increase accordingly. Remember, all you have to do to get an increase is have medical evidence proving you meet the criteria for the a higher rating percentage.

Because the evidence is technically in VA possession due to the Mission Act referral, there should be no need to include a release of medical information authorization form.

 

26 minutes ago, allansc2005 said:

2. Once the VA accepts the new claim, and approves it(yes I'm confident), other than the additional 10% increase, will any back pay from 1990 be due me?

Doubtful. It would probably be based on when you became eligible for the increased rating. 

 

27 minutes ago, allansc2005 said:

3. Can I expect more than 10% due to hearing loss?

Compare the results of the test to the rating criteria to get an idea of what to expect:

Impairment of Auditory Acuity

§4.85   Evaluation of hearing impairment.
§4.86   Exceptional patterns of hearing impairment.
§4.87   Schedule of ratings—ear.

 

 

[allansc2005]

@broncovet,

I have attached a redacted copy of the hearing test.

Oh, and yes, I understand about SMC's.

 

Thanks,

 

Allan 2-2-0 HUAH!

 

 

Hearing test results-2.pdf

[allansc2005]

@Vync,

 

Thanks for the info.

I just posted a redacted copy of my hearing test.

 

Allan 2-2-0 HUAH!

[Buck52]

i WOULD GO FOR THE INCREASE.

  BECAUSE ITS HIGHLY LIKELY THAT YOUR '"Moderately Severe" hearing loss.''  WILL BE AT THE LEAST A 50% INCREASE  OF COURSE DEPENDING ON ON THE TEST NUMBERS BROCOVET MENTION.

ALSO IF YOU HAVE TINNITUS  THAT IS ANOTHER 10%  Bingo. 50% plus 10% plus your 90% SINCE 1990  THAT DISABILITY IS PROTECTED BY THE 20 YEAR RULE..

SO the hearing loss increase may not get you any retro due to them paying you the 100% rate since 1990  but if you get a 50% increase on your hearing loss going from 0% service connected  to 50% service connected and the Tinnitus  10%   that should get you to the COMBINED 60% additional % for the SMC S H.B.

 Norm-=SMC - S H.B. IS GIVING WITH A 100% RATING PLUS ADDITIONAL 60% SEPARATE RATING  BUT HERE IS THE KICKER  THEY DO GIVE SMC S -H.B FOR COMBINED RATINGS.  THAT TOTAL UP TO THE 100% PLUS 60%.

Edited November 12, 2019 by Buck52

[allansc2005]

Buck52,

My latest Rated Disabilities  table shows that my 0% for hearing loss was 11/20/1990.

So ask for an increase instead of filing a Supplemental Claim?

 

Allan 2-2-0 HUAH!