It is now a matter of you complaining about inability to hear as required to function and the audiologist reports.

Dave I finally took your advice and hauled my butt over to the nearest VA clinic last week to throw my name in the hat. Waiting for them to set up an appointment - should be an interesting experience. Looked like I was about the only guy under 50 in the place . Thanks for the advice.

You are welcome

Moved by moderator:
theemperor
Member
Posted Sun 08 October 2006 08:30
I was given 10% disability because of a shoulder injury that I presently am having to go for possible surgery. I was also given non-compensable disability for my hearing, chronic otitus (I think is what they called it). I want to find out if I should go to DAV (Life Member) and get advice before I get surgery on shoulder and if my hearing can be awarded compensable as I have a severe ringing in both ears at this time.
Retired in 1985 and been drawing 10% on shoulder. I have done the therapy thing on my shoulder for years but, no relief from pain. Hearing has been bad but has gotten worse. Will they attribute this change to age? I am 59.
Thanks
theemperor
Posts: 68 | Registered: Thu 30 October 2003

DaveBarker
LEAD MODERATOR, HEALTH AND FITNESS FORUMS

Posted Sun 08 October 2006 09:26
To answer your question: yes.
Please keep related topics on a minimal of threads. Military.com regularly prunes excessive threads. Unless your post is actually starting a NEW topic on VA compensation, please use the OPEN TOPIC. This will enable us to safeguard what we have in use.
Posts: 6816 | Registered: Tue 12 November 2002

Hi Dave;
I was in Tanks 1962, have Expert metals in
90 mm and 50 cal. Service exam. shows "0" loss. 6 mo. later exit exam. shows 5 decibel loss in 4 Frequences and 10 decibel loss in the 3 remaining Frequen..1978 civilian test shows all in mild with 4000 HZ at 40 decibels. Todays test shows all severe with 4000 at 100 decibel Should I file claim. Any chance?? Mr. T

[QUOTE]Originally posted by DaveBarker:
Today would be a good day to file your claim for tinnitus. I would also apply for hearing loss as well, if you have hearing loss. The sooner the better. The VA assumes all hearing problems after age 45 are age releated.
Please see your veterans organization service officer.*****CFR 4.19 AGE may NOT be considered
in evaluating service-connected disability.***

quote:

.*****CFR 4.19 AGE may NOT be considered
in evaluating service-connected disability.***

You quote correct, that is a regulation. However I did not say over 45 is denied. I said "The VA assumes all hearing problems after age 45 are age releated." Which is much different. You are dealing with individual people who insert their feelings into decisions. Just as most people most likely would do. You need three things for service connection, an event, the current condition and nexus/link the continuity of treatment.
To further state my position. In 2004 I filed an original claim for a WWII veteran. It was approved at the rate of 100%. This is rare, in my over 25 years serving veterans, it is the only hearing loss case at 100% approved on a WWII veteran. He however had poor hearing at discharge, he still had a hearing problem when I completed his VAF 21-526 application for compensation and he had a history of hearing related medical visits. He was functionally deaf.
When I made my post it was to urge the filing sooner, rather than later. Why wait and lose money? I try to give common sense advice based on my experience.

Just found this site. Lost hearing in 1965 in AIT 11B. Was transfered to Transporation to be away from noise. You know the sound proof duece and a halfs.

Didn't file a claim until 1996. Was SC because my medical records recorded the hearing loss and assignment to a "non-noisy" environment. Anyway by 2001 the hearing loss was much worse and after refiling and being retested by both the VA and my private insurance company, I was awarded 10% for hearing loss and 10% for bi-lateral tinnitus.
Plus was given hearing aids.
The VA has been checking me every year and the loss is increasing, but not to the next level for increased compensation. The DAV rep was the guy who resurrected my claim. I thought I couldn't reopen it. That is what the VA leads you to believe. They have never offered any assistance to further a claim. If you have a claim, find someone who will work for you to get the i's dotted and the t's crossed. Not all service rep's will help. They either don't know the system or aren't interested in their jobs.
The process is always long,from everyone I know fighting the system. BUT, DON'T GIVE UP. You earned every dollar you can collect.

Bill

I GOT NSC ( Non Service Connected ) hearing aids
from VA, in 3 mos, yesterday ...
I was discharged from Army Armor 1962. I am in
the VA Health System... I showed my VA Dr. at
my regular physical exam. an audiologist
report showing my WORD RECOGINITION was below
80% (mine is 56% & 37%) and a copy of : TITLE 38
CFR 17.149 july 2000 "Sensori-neural aids"
"VA will furish aids--" # 7 if "necessary to
permit active participation in their own medical
treatment." She (DR.) made me appointment with
EMT at my near VA hospital.. EMT DR. agreed &
sent me to Prothesis, they agreed, & wrote me
an approval for hearing aids.....
I hope this info. help someone else...
Mr. T
P.S. I have went 3 1/2 yrs. with a claim for Service Connected hearing loss and been denied all the way.

Bill and Regor22 this is a possible answer to your posts:

quote:

Originally posted by DaveBarker:

quote:

.*****CFR 4.19 AGE may NOT be considered
in evaluating service-connected disability.***

You quote correct, that is a regulation. However I did not say over 45 is denied. I said "The VA assumes all hearing problems after age 45 are age releated." Which is much different. You are dealing with individual people who insert their feelings into decisions. Just as most people most likely would do. You need three things for service connection, an event, the current condition and nexus/link the continuity of treatment.
To further state my position. In 2004 I filed an original claim for a WWII veteran. It was approved at the rate of 100%. This is rare, in my over 25 years serving veterans, it is the only hearing loss case at 100% approved on a WWII veteran. He however had poor hearing at discharge, he still had a hearing problem when I completed his VAF 21-526 application for compensation and he had a history of hearing related medical visits. He was functionally deaf.
When I made my post it was to urge the filing sooner, rather than later. Why wait and lose money? I try to give common sense advice based on my experience.

quote:

DaveBarker
LEAD MODERATOR, HEALTH AND FITNESS FORUMS
Picture of DaveBarker

Posted Tue 07 February 2006 11:40 Hide Post
Hearing loss claims are tough to win. It is much better to file any claim (especially hearing) within one year from separation from active duty.

Well my last hearing test I had was before 1993 and I was discharged 1996. I had to cheat to pass it. Took the test 3 times and on the last time I took it they left me alone with the curtan open on it so I could see the light flash. Basicly my discharge physical was the Lame Brain Doctor asking me how did my knees feel. Went to him cause I started to black out, all he wanted to know was how did my knees feel.

So I guess I cheated my self out of that deal.

Dave or whoever might know.During my Entrance
exam into Army in 1973,hearing loss was noted
however, was processed through anyway.Hearing
loss issue was never addressed during BCT,AIT,
and eventually to Germany (74-77). Primary MOS
was Wheel-Vehicle mechanic,exposed to usual
noise levels in Motor Pool. Don't recall if
hearing exam was given during out-processing
at time of discharge (almost 30 years ago).
Question is.. Possible to submit SC claim for
hearing loss if Army was aware of hearing deficit & did not address?. Just wondering.

quote:

Originally posted by 10505812:
Dave or whoever might know.During my Entrance
exam into Army in 1973,hearing loss was noted
however, was processed through anyway.Hearing
loss issue was never addressed during BCT,AIT,
and eventually to Germany (74-77). Primary MOS
was Wheel-Vehicle mechanic, exposed to usual
noise levels in Motor Pool. Don't recall if
hearing exam was given during out-processing
at time of discharge (almost 30 years ago).
Question is.. Possible to submit SC claim for
hearing loss if Army was aware of hearing deficit & did not address?. Just wondering.

Yes, you may file a claim, but it is not an easy road for you. What is needed will be you to show the active duty time aggravated your hearing condition.
Chances are, you were given a hearing screen when you separated from active duty, you said almost 30 years ago. That means your records should still be intact (not burned in the 1973 NPRC fire).
Your veterans service officer needs to review those records, to acertain if there was an increase in severity during active duty. If you have evidence, of increased hearing loss within one year from separation, that will help as well.
Audiologist reports, doctor exams, etcetera will assist greatly. Also statements from close family members will help. Note to those waiting to jump on my wording: a family member statement on a VA form 21-4138, will normally be set aside by a VA rating specialist and DRO, if the family member is not a doctor or clinician. However the BVA Veterans Law Judge will usually consider that as sound evidence.

Thanks alot for response Dave, very much
appreciated. Contacted DAV in Huntington, WV
yesterday about possible representation, I
recieved a Power of Attorney form from them
today. I am rated 30% for another issue I
have requested rating increase on, and
thought I'd look into hearing loss case. Will
look into Entrance & Exit physical documentation,or if these items need to be
obtained from NPRC. Again many Thanks.

quote:

Contacted DAV in Huntington, WV
yesterday about possible representation

Since I do BVA and DRO hearings in the Huntington VARO, I have met those fine folks in the DAV office. They are professional in every respect. As a matter of fact, the PVA representative, as well as the State Service Offcers of the West Virginia Veterans Affairs (who have accredited representatives with VFW, Legion and AMVETS) are all of the highest quality representatives.

What does the VA consider as hearing loss. Mine was normal when I went in and not normal when I left. It's now much worse, but I was denied.

You need to discuss the hearing loss issues with an audiologist as well as your veterans organization service officer. If your hearing was normal on the entrance examination and shows a defined hearing loss on the separation exam, your case needs to be reviewed for error. First however, I suggest you obtain a copy of both entrance and separation exams, to be reviewed by an audiologist.
You have one year from the date of VA letter of denial, to file your notice of disagreement. It must be received and date stamped within one year, one day over and it is all over. If you are over the one year denial date, the case can only be reopened with new and material evidence. That is material in the point it would have possibly rendered a different decision if consideed originally and new in the fact it had NEVER been previously considered.
For those CUE fans out there, the burdon is on the veteran to show clear and unmistakenable error on the original decision.

I filed a claim for tinnitus a few months ago. I am a Vietnam vet that was in the Cav 69/70. I have 2 PH`S, CIB etc. I honestly have had a tremendous ringing in both ears for many years that absolutely drives me crazy, especially at bedtime. I had a c & p and answered a few questions and took a hearing test. I was told my hearing was o.k and a copy would be sent to the VA. How can I expect to be awarded the 10% tinnitus disability by that test?

RB56

DaveBarker:

How do we get our medical records from when we were in service and what do they cost? You do a great job. Wish you were in Michigan.

RB56

quote:

Originally posted by RB56:
DaveBarker:

How do we get our medical records from when we were in service and what do they cost? You do a great job. Wish you were in Michigan.

RB56

To obtain your service medical records if you have filed a VA compensation claim write a request to the VA Regional Office that serves your area. In Michigan it would be the Detroit VARO. Simply request: "Please send me a complete copy of my service medical records and any rating decisions." It is best if you have a pending claim to go through your veterans service officer.
For those of you have never filed a claim, you may complete a SF 180 and request a copy of your service medical records from the NPRC. If you do that procedure, I suggest you go through your veterans service officer. I order SMR's and personnel records frequently, when they are shipped to my office, I can attest there has been no alterations.