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How and what do I file?

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allansc2005

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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!

 

 

 

 

 

 

 

 

 

 

 

 

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Buck52,

In order to be eligible for SMC, don't you have to have one condition that's 100%, and that one condition is separate  and not connected to your other conditions?

 

My highest rated condition is 40%.

 

Once again, I'm 100%  IU P&T, and my total scheduler is 90%.

 

Allan 2-2-0 HUAH!

 

 

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I can't say if you should or should not put in a request for an increase. I can say that each and every time that I have requested an increase on my 0% hearing loss, based on a new hearing test at my local VA medical center... I have been required to attend a C/P exam and each and ever time I attend the C/P exam the results are different from the test given at my local VA. It took me a while to figure out what was going on... So...it is very possible , your hearing test that was recently administered doesn't mean anything and will not be considered for a rating decision.... why... because there are special rules for hearing test when it comes to compensation... take a look at Appendix C of the handbook I have posted below.... this will explain what they do with a C/P exam for hearing...I think  its designed to make it almost impossible to get  compensation  for hearing.

VHA HANDBOOK 1170.02(1) Hearing test.pdf

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@Richard 1954,

I think I posted earlier that today  my VA ENT doctor read the results of my hearing test, and immediately sent a consult to Audiology for me to be issued hearing aids.

 

He also gave me a diagnosis that, according to him, should have been given "years ago", and that diagnosis is Meniere's  Disease.

 

So, I've gone from a 0% hearing loss  disability, which is by all accounts  is service connected as stated on my list of disabilities, to a now "Moderately Severe"  hearing loss, as stated on my hearing test administered this Monday.

I'm already SC 30%  for vertigo, and 10% for bilateral otitis media.., so I'm not sure how much more proof I will need for a SC hearing loss.

 

Am I missing something here?

 

Allan 2-2-0 HUAH!

 

 

 

 

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2 hours ago, allansc2005 said:

I think I posted earlier that today  my VA ENT doctor read the results of my hearing test, and immediately sent a consult to Audiology for me to be issued hearing aids

Just because you have hearing aids doesn't mean they are going to award a rating above 0%. I have been diagnosed with moderate to severe hearing loss since 2005, and I have used hearing aids since the diagnoses ....  and about every two years I request a new hearing test that always shows an increased hearing loss... so I file for an increase,  and every time I have been required to have a C/P exam  the last time the C/P exam was literally within a month of my last hearing test and my claim continues to be denied.  And, it doesn't matter if a VA doctor or a private doctor does the C/P  the final result is always the same. 

Now   you mention Meniere's  Disease...  I don't know much about  this.... except that it is a serious condition  and I can't comment further... 

I know that it may sound like I am discouraging you from filing,  but  my only goal is that you understand that  the hearing test for C/P  are conducted differently that a hearing test for hearing aids.... The goal of the C/P examiner is to raise the level of DB's until you get at least 94% on the word comprehension test.....    and this is exactly what they do... and if you don't get a 94% they then increase the level up to as much as 100 DB.. if you can't hear at 100 DB then you will get a rating....   But don't take my word read the handbook I posted.

In my last  hearing test for hearing aids....it  was 68% word recognition at  70DB    less than a month latter it was 94% at 95 DB..... when I had my C/P exam.... And the only thing that ever changes from test to test is the word recognition test results... everything in each range is about the same showing a  high freq loss  in the severe range.....

So all I am saying is you can't go by the hearing test you received when getting hearing aids.....I know that is all  we have to go on when we request an increase.... but  the test doesn't mean a thing for compensation...   In one of my normal hearing test, the examiner even indicated  that    "this exam is not for compensation purposes" 

If you do file, you request an increased rating....  

I was recently awarded an increase in my eye disability from 30% to 60%  the effective date of my award was the day that I first received treatment for a bleed in my eye... long story short... under incapacitating episodes for  eye problems, you  are required to have 7 treatments a year ,,, I had 28 treatments for eye bleeds within 3 months.... anyway the va awarded the effective date based on the first incapacitating episode.  (  I just got the award letter today)   I had always though the effective date of a claim is the day that you submit the claim... but apparently that is not always the case....  You can forget about any back pay to 1990 ...

As to what your rating would be... I can only guess because until you have that C/P exam  there is no way to know....

Best of luck 

 

Edited by Richard1954
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Alansc2005 Hearing loss is a tough nut; you really have to have bad hearing to meet the scale the VA requires for hearing loss. It is what it is. It doesn't mean that you don't have a hearing loss, nor does it mean that just because you are issued hearing aides that you will receive a s-c for it either. You are s-c for Meniere's. If you look up diagnostic code 6205 you will see that Meniere's can be rated separately under that code, or, as a combination of 3 others: tinnitus, hearing loss, and peripheral vestibular disorder, which ever results in a higher rating for the veteran. It is possible that you really have received the highest total rating under dc 6205 at 30%. Otherwise, if you don't have pvd and/or hearing loss and/or tinnitus that in total that combined get you a higher rating than 30 you may be getting the best rating already. You don't get Meniere's AND the other 3.; that would be pyramiding. Just to add, and this is from a personal observation, it seems that the VA does sometimes give an increase for hearing loss for veterans who have been rated several years at a low rating, say 10%. I have noticed it, but I don't know if it is a coincidence or what. Maybe they feel bad and throw the older guys a bone, I don't know. But like I said, it is just a personal observation and of course they have to recrease a rate re-eval.

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@GBArmy,

 

One of many good things about this Forum is the scope and diversity of Q/A.

This morning someone emailed me here telling me it's going to be "hard to service connect" my  already connected 0% hearing loss, and that I would need a "DBQ/Nexus".

I mentioned to her that I'm already SC for hearing loss, as I've posted it all over this conversation.

 

One thing I didn't mention here is my LONG documented(VA) history of ear problems; from 5 tympanoplasties(patching my ear drum), diseased mastoid bones(bone behind the ear), vertigo.., all well documented and in my VA medical records.

 

Yes, I do understand the VA uses scales, charts, regulations, laws.., to determine what's SC and what's not, but if I piled up the well documented records of my ear problems, and weighed  them, then I would have me a cheap set of bar bells!

 

And the band played on..

 

Allan 2-2-0 HUAH!

 

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