hearing test results on tinnitus claim

[osidevet]

A question for anyone who is familiar with hearing tests - the difference in my hearing between entry physical and ETS physical has one left ear frequency reading of 5db loss, the rest for both ears are all 15 or 20 db loss, but all within "normal" hearing range. I am not claiming hearing disability.

According to my denial letter, the C&P audiologist noted that  "no shift in audiometric thresholds were reported" .

How can they come to that conclusion when it is in my service records? My argument is that this indicates deterioration/hearing loss while active duty, they seem to disagree. 

What am I missing with this? Thanks!

Edited May 10, 2020 by osidevet

[osidevet]

Here is part of the decision letter. There are several factual errors that I will discuss in a HLR, but I didn't copy them here.

They deny service connection because it was not in my active duty records or reported within a year. Then they concede it occured because of my service, the bolded paragraph below under Favorable Findings. I'm confused.

Service connection may be granted on a presumptive basis for tinnitus if this condition is manifested to a compensable degree (severe enough to be evaluated at least l0 percent disabling) within a certain period after military discharge. As the medical evidence fails to show a diagnosis
of tinnitus within the time period specified under 38 CFR 3.307, service connection on a presumptive basis must be denied. (38 CFR 3.303, 38 CFR 3.307, 38 CFR 3.309)

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. (38 CFR 3.303)

Service connection for tinnitus is denied since this condition neither occurred in nor was caused by service. (38 CFR 3.303, 38 CFR 3.304)

A claimant may file a supplemental claim by submitting or identifying new and relevant evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. Relevant evidence means evidence that tends to prove or disprove a matter at issue in a claim. (38 CPR 3.2501) In support of your claim, new and relevant evidence has been
received and your claim is now reconsidered.

Favorable Findings identified in this decision:

The claimed disability is a chronic disease which may be presumptively linked to your military service. Tinnitus may be linked to service if diagnosed to a compensable level within a year of military discharge.

You have been diagnosed with a disability. VA examination through contract medical services (QTC) on March 6, 2020 confirms a diagnosis of tinnitus.

You have sufficient service to meet the minimum requirements for presumptive service connection. Your service dated October 4, 1968 to August 21, 1971 meets the minimum requirements for presumptive service connection.

Your claimed issue became manifest to a degree of l0 percent or more following service. VA examination through contract medical services (QTC) on March 6, 2020 Confirms a diagnosis of tinnitus to at least l0 percent disabling.

The evidence shows that a qualifying event, injury, or disease had its onset during your service. Your MOS as fire control maintenance for military service dated 10/4/1968 - 8/21/1971 4, 1968 is conceded as in-service military noise exposure.

REFERENCES:
Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans‘ Relief contains the regulations of the Department of Veterans Affairs which govem entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult
your local library, or visit us at our website, www.va.gov.
EIEI

Edited May 10, 2020 by osidevet

[deedub75]

I left active duty in 2000 and I didn’t file for tinnitus until 2012 and my claim was approved. I am not aware of a time limit of having to file a claim for tinnitus.

There was a list we used when I worked for the VA that had each MOS and each MOS was highly probable, moderate or low for noise exposure. Highly probable and moderate it was conceded that an in-service event occurred. My MOS (14E) was highly probable and my records stated that I was routinely noise exposed. 
 

They conceded that you were noise exposed which means that you had an in-service event only to turn around and then say you didn’t have an in-service event?  That makes no sense. 

[brokensoldier244th]

I think someone screwed up and last stuff copy pasted into the letter that shouldn’t be there anymore.

[GBArmy]

Osidevet I would submit a HLR.