Tinitus in examination but never rated?

[mikke6344]

Hello everyone,

I had it! I was combing through my record book. I filed a claim for hearing loss in 1997. The remarks of the auditory physician stated that I had normal hearing in both ears but I had Tinnitus in both ears due to the shoulder fired weapon I had used in military's service. This was specifically stated on the auditory physicians comments. I was denied claim for hearing loss but why was I not awarded for Tinnitus. Isn't this an error on the VA's behalf? What course of action should I take. Thank you everyone in advance who responds.

[brokensoldier244th]

Id call it to their attention for sure, as long as you are sure it wasn't addressed in the rating decision. I can't opine on three effective date though. That's new math to me and I dont mess with it. If you look on ebenefits under your disabilities is tinnitus listed under SC or not SC?

[broncovet]

No benefits are awarded to Veterans who do not submit a claim for them.  The C and P examiner is there to examine you "for the condtion claimed", not necessarily for everything.  He probably also did not know you had arthritis, or high blood pressure either, because he was there to examine you for "hearing loss", not other stuff.  He probably "could" also exam you for tinnitus, and may have even done so, but its rather irrelevant if you did not claim tinnitus.   

If you want to submit a claim for tinnitus, you can/should do so, but a similar thing happened to me, I noticed it, and submitted a claim for tinnitus.  This is another good reason you want to read c and p exams, and your cfile.  

Your effective date, as always, is the later of the "facts found" (the date the doc said you had tinnitus) or the date of claim, with exceptions found in 38 USC 3110.  

If you argue your claim for "hearing loss" was Also a claim for related tinnitus, you may have a hard time convincing a judge of that.  

[brokensoldier244th]

It depends on what he actually claimed at the time. Also read Delisio vs Shinseki. 

 

https://www.bva.va.gov/docs/VLR_VOL7/VA-broadening-scope-of-claims.pdf

[Buck52]

I Always figured it was the VA job to use ''the duty to assist'' a veteran when they test the veteran and the test shows he has a profound hearing loss  &  if he is service connected for tinnitus, unless the test results showed that his hearing loss was not bad enough to cover the VA hearing loss guidelines?  which a Veteran has to be damn near deaf to just get a 10%rating  the way their criteria for hearing loss is.

Now of course if you never filed a claim for hearing loss but  looks like to me if he had tinnitus  that is basically a hearing problem or a distortion for hearing loss.  depending on the  hearing test # and what they show on the test along with the CNC Maryland discrimination word test

 CFR -38-4.85

(d) “Puretone threshold average,” as used in Tables VI and VIa, is the sum of the puretone thresholds at 1000, 2000, 3000 and 4000 Hertz, divided by four. This average is used in all cases (including those in §4.86) to determine the Roman numeral designation for hearing impairment from Table VI or VIa.

 

(e) Table VII, “Percentage Evaluations for Hearing Impairment,” is used to determine the percentage evaluation by combining the Roman numeral designations for hearing impairment of each ear. The horizontal rows represent the ear having the better hearing and the vertical columns the ear having the poorer hearing. The percentage evaluation is located at the point where the row and column intersect.

 

I know when I filed for hearing loss and was denied and I went got a IMO from a specialist  and was service connected at 0%  but I had another hearing test done  later at the VA and the VA Audiologist filed the increase for me from 0% sc..to 50% service connected.....I do not ever remember filing for increase on the 0%  after about 4 months I got the 50% award letter in the mail  what a surprise that was.

Edited October 7, 2020 by Buck52

[blahsaysme2u]

i have the opposite problem. i thought i was claiming hearing loss. i even told the doctor that in my c&p exam and he put it in my medical records but my claim was put through as tinnitus. i was given a hearing test and denied hearing loss but now i am trying to get my effective date for that OG claim, that is "non existent" because it was put in as tinnitus. it says in my medical record for the c&P exam, "veteran is claiming service connection for hearing loss. states his ears have bothersome ringing sound"  

[El Train]

I only claimed tinnitus.  Got a 10% rating for it, and they also rated 0% for hearing loss, which I didn't claim.  Sooooooo.