PSP Questions

 

Question #107    

 

I have tinnitus (had it for years).  Served in USAF ’64 – ‘68, Vietnam Vet (based in Thailand).  AFSC 304X4.  What do I have to do to get approved?  My VA Doc doesn't seem to take me seriously.

 


A1:  Go to any one of the service offices for help. It is why they are there. VVA, DAV, PAV VFW of American Legion.  (JK)  7/25/2016
 
A2:  You would have to prove that you were not exposed to sustained and noise more intense than occured in service. If you can do that chances improve. The other factor is the length of time that has passed. This alone should not be a reason to deny a claim, but it often becomes the reason why.  (PW)  7/25/2016
 
A3:  Fill a claim for hearing loss due to service. A C & P exam will be scheduled for you to determine if you have said illness. Or a(n) opinion whether it is more likely or not caused by service.  (PW)  7/26/2016
   
A4:  Your AFSC shows that you did maintenance on communication equipment, on installation of the equipment so you can show that you were exposed to hazardous noise.  Also if the VA tries to deny becaue you don't have hearing loss that is not a legitimate argument.  Hearing loss does not cause tinnitus, but tinnitus can cause hearing loss.  (CKP)  7/30/2016
 

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Question #108

 

I just got my award letter back and they granted me 10% for tinnitus and service connected 0% for my left ear and not service connected for my right ear. My MOS supports hazardous noise exposure while in the Army. Is there a way to appeal and reverse their decision so both ears are service connected? Any advice would be appreciated.

 


A1:  You can request a DRO review, but you would need to provide new evidence that was not used in your original claim.  (PW)  7/25/2016

A2:  You can appeal any decision made. I have L-ear connected 0%. I also have loss in right but they say it is not connected because my medical record does not show a loss while in service. I also had to fight for Tinnitus. Keep appealing! Sometimes they may grant SC just to shut you up!  (RC)  7/25/2016

A3:  You have 1 year to file a NOD, Notice of Disagreement, VA form 21-0958 dated SEP 2015. Or you could simply ask for a reconsideration for hearing loss, using VA form 21-526EZ dated MAY 2015. Or finally you can always apply for an increase. I recommend you visit your local VFW, DAV, or American Leagion and speak to a VSO, Veteran Service Officer. He/she will point you in the right direction at no charge! Good Luck.  (PW)  7/26/2016

A4:  You can request a DRO review, but you would need to provide new evidence that was not used in your original claim.  (PW)  7/26/2016

A5:   One of the problems with getting a percentage on hearing loss is that it takes quite a bit of dB loss to get a compensable rating.  You do not need new and material  evidence to request a Decision Hearing Officer Review, but you will need a good argument for the reason that the decision should have been different.  Although your MOS did show exposure to hazardous noise the loss may not be enough for a compensable rating.  Go to 38 CFR Part IV hearing to see what it would take to get the hearing loss.  The reason that you were probably not rated for the right ear is that your exit physical did not show a loss above 35dB.  If you currently have a hearing loss in the right ear it may be secondary to the tinnitus.  See a County Veteran Service Officer or VSO for advice.  (CKP)  7/30/2016
 

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