P&T, is he safe?

[allansc2005]

Morning folks,

 

Got a veteran who's IU P&T, whose conditions are worsening. He would rather have the 100% scheduler because he want's to work.

Sadly, somebody has been telling this veteran to not "rock the boat" with the VA, and not file for an increase for his SC vertigo and hearing conditions.

It's my understanding that unless there is some evidence of unlawfulness, that P&T means just that, Permanent and Total.

The veteran is 62, if that makes any difference.

Given the above, are there any reasons why the veteran shouldn't file in order to try for 100% scheduler?

Thanks.

 

Allan 2-2-0 HUAH!

 

 

 

 

 

 

[allansc2005]

Buck52,

Ironically, the veteran I'm helping has almost identical SC hearing issues as I have.

Looking at the Audiology's test results, it reads "Mild to Moderately severe mixed hearing loss, with excellent speech discrimination bilaterally"

Let me also say that I was ever SC for my left ear, just the right one.

 

I haven't seen broncovet around for awhile, have you?

 

Thanks,

 

Allan 2-2-0 HUAH!

 

 

[Buck52]

Yeah  he is pretty busy  but he gets on hadit from time to time, I;m sure he will chime in 

broncovet where you at buddy?

[allansc2005]

@Buck52,

 

As I mentioned, I was never SC for my left ear, and the hearing test shows a "moderately severe mixed hearing loss"

So do I file for the left ear, and will I need a Nexus?

 

Allan 2-2-0 HUAH!

[Buck52]

If you were s.c. for your left ear...and you file for your right ear...no you don't need a Nexus  the Nexus has been established for BOTH Ears  look at your award letter  it should tell you about filing for increase if your hearing gets worse  this would include your right ear  so all you actually need to do is get a Hearing test and if your right ears shows a Moderate hearing loss they should rate that ear.

[Buck52]

Allan look at

CFR:38  3.383

(3) Hearing impairment in one ear compensable to a degree of 10 percent or more as a result of service-connected disability and hearing impairment as a result of nonservice-connected disability that meets the provisions of §3.385 in the other ear.

[GBArmy]

Buck is correct. According to diagnostic codes 6100, hearing loss is based on the hearing ability you have for BOTH ears. To get your final rating, the results of testing both ears are averaged together to get the final score. You don't need a nexus because he is being evaluated for hearing which is based on the both of them. The VA Tech explained it to me like this: you can have much worse hearing in your right, and say, normal hearing in your left. They can be averaged out to be so low on the rating scale that the veteran will not be able to receive a comp rating, but 0%. But that doesn't mean he or she doesn't really have a hearing problem. They do have poor hearing in their right. The average just doesn't come out high enough. The veteran is still rated as 0%, no comp, but is covered now as s-c and can receive hearing aides and further care. And since they are now s-c, they can always try for a rate increase in the future, as they are already gotten s-c. One other thing to remember, I would say maybe 1 out of 4 veterans I talk to that have gone for a hearing test also have tinnitus and do not realize that is a separate disability worth a possible 10% if granted. If you don't claim it, you usually will not be evaluated and granted it as an additional disability. (You might get an examiner that is pro-veteran and ask, but don't put too much money on that horse coming in.) Many think it is part of the hearing disability, which it isn't. Tinnitus is code 6260.