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jfrei

Question

If Im apart of this new settlement from the 3M because I have tinnitus and hearing loss and I have two pairs of these plugs in my possession, would that be enough to establish my bilateral hearing loss claim due to service connection? Guess Ill have to get an IMO to review all my evidence. 

Edited by Rattler
I removed the attached doc's so personal info can be redacted.
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I did not even try with the hearing loss and tinitus.  They saw I was in a combat zone and gave me both.  

Now if you were not in a combat zone, if you had a job where there were loud noises it is a good case.  

 

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The 3M suit is civil and not based on individual medical evidence, but on 'class' of people that all fit a profile of 'having been in the military between X and Y' and 'presumably having been issued those earplugs', where some of the involved class experienced hearing loss.

Not everyone being compensated likely has hearing loss, so you would still need an audiological report that states that your X is related to Y. If you were in combat, or a noisy MOS, though, it should be a pretty easy claim, unless your audio hearing tests that are in your STR's don't show a shift in hearing thresholds. Right now your hearing loss on its own isn't bad enough to meet the criteria for compensable hearing loss. What does the decision say about Tinnitus? That's a pretty subjective one that can't really be tested for, and  can be claimed on the basis of aggravation by MOS (if it falls into a class of MOS's that would be subject to consistent loud noise)

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Well the amount of medical records needed I beg to differ to be eligible you have to show a diagnosis of tinnitus and or hearing loss tests had to be shown during your service. Tinnitus is 10% of course their max

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Edited by jfrei
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Im not familiar with the "3M portion", but can only speak for VA's hearing loss.  

As always, you need the Caluza elements, "But also", there is a minimum threshold to the degree of hearing loss for service connected compensation.  

There are multiple ways you can get SC for hearing loss, such as:

1.  "A single" very loud event, such as a bomb exploding near you, can render you hard of hearing or even deaf.  

2.  An "ongoing" noisey environment, also can cause hearing loss, such as being around aircraft landing, taking off, etc.  

3.  Certain MOS are more proned to hearing loss.  Examples:  Working on a flight deck, and/or discharging loud weapons, such as guns, repeatedly.   See fast letter 10-35: or try here: https://bluecordpatriots.com/duty-mos-noise-exposure-listing/

4.  I was personally exposed to excessive noise in the military and was (after appeal) awarded SC for hearing loss even tho my MOS (my branch of service does not call it MOS, we call it "rating", but its similar) is not ordarily associated with excessive noise.  ONE reason:  Even if you are trained in a particular field, "if the military" needs you to do something quite different, they dont hesitate to put you in a different job "totally unrelated" to your MOS type training.  I was exposed to aircraft noise, one of the loudest and a well known hearing loss risk.  Pretty much everyone who is exposed to aircraft engines now wears hearing protection, none was offered me, ever.  The military learned the hard way how damaging noise is to your hearing, especially guns and aircraft, but not "just" those either.  Other equipment is often also very loud and can cause hearing impairment.  

    My audiologist provided a nexus from the get go.  That completed my CAluza's:  Current diagnosis of hearing loss, check.  In service event, which I was able to document, in close proximity to aircraft landing/takeoff, check.  Nexus, as my audiologist opined it was at least as likely as not my type of hearing loss was from excessive noise in service check.  

    Of course, VA did a bogus denial.  The decision said, "it had been too long since military service" for hearing loss.  Of course, that is bogus, because "length of time since military service" is not in the criteria for hearing loss.  No where.  The VA needs to rate you "on the criteria..not whether or not you like Star Wars, or purple spiked hair.  Those things are non criteria.  In my appeal, I stated the VARO denied me for reasons "totally unrelated" to the requisite criteria, which, of course, are the Caluza elements.  

    Remember to get everything documented.  If you were exposed to loud noises, one of your buddy's may write a letter explaining same.  Your buddy can "testify" about simple things, like did you snore, or were their airplanes taking off nearby.  He can also testify that he was present when guns were shot and how often for how long.  Your buddy can not, however, diagnose you with hearing loss, "unless" he is a competent medical professional.  You dont have to have a Phd in Engineering or hearing impairments to know you were frequently exposed to jet engine noise.  A six year old could testify that you were around noisey airplanes a lot, if he was there (probably not, tho). Your audiologist could then opine that the jet engine noise at least as likely as not caused your senso nueral hearing loss.  (Some types of hearing loss are caused by noise, others can be caused by something different, such as an ear infection can cause hearing loss). 

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My hearing loss was connected to radio noise. I was in an MOS where I was constantly listening to radio frequencies with static, telephone, voice, teletype, and such. I also had to use different types of headphones that were of poor quality. I documented over 240,000 hours of this use. coupled with my poor audiological testing results, I established service connection.

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I was exposed to loud noises daily I was a Ch-53 mechanic they even put that in the denial my MOS is on the list, I had hearing loss but was denied. I was confused because they service connected for tinnitus and they said im eligible for hearing treatment at my local VA since Im 100% P and T. It’s because if I would have this service connected it have been made 100% P and T backdated to 2010 and not 2016 which I feel is right. But I know the drill deny deny service connect lowball keep fighting for whats accurate then fight for an earlier effective date …. Victory years later 

Edited by jfrei
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