If there are small changes not before addressed that could be the basic for an appeal.Īlso Being ignorant, I never thought to file for tinnitus even though I had it since my first tour in the artillery, duh? So now I have the 50% for hearing and 10% for tinnitus. Usually the higher level go first so that is where you look for small changes. The audiologist would need to point out any changes at any frequency level. Only by laying charts down side by side can you tell. The VA does not seem to think a hearing loss at the higher levels is a big deal, but it can signal a change. Keep in mind that to have the exact hearing "at all frequency levels" at entry and exit seems a little strange. So, if he could show even a small loss during his submarine service and then got hearing exams or hearing aids years later, he might have those other records which show an accelerated rate of loss. In my case I had periodic exams that showed the rate of increased loss of hearing, and the justification by the contract VA doctor explained that my current condition was much worse than a person with normal hearing. Secondly, since so much time has passed, it helps to show what has happened to the hearing the last 40 years or so. My point here is that a Vietnam era guy now filing many years later must first prove an event during service, which he did not. It went to 50% the rational being that the first loss accelerated my natural rate of hearing loss. Thirty years later, I filed for an increase including in my claim many periodic private exams and some by VA, along the way for the purpose of hearing aids. On appeal, the judge made it clear that the loss was incurred during my first tour, not the second, but it was rated at zero percent. It was first denied saying it was not much different from when I went in, so I appealed. My hearing got a little worse, so upon recommendation of the exit physical doctor, I filed a claim. My entry physical indicated the hearing loss at high frequency, but a waiver was granted and I served 4 years. I entered active duty in another branch after being out a couple of years. I am unable to open the decision letter but I had a similar situation decades ago. "Evidence of a current hearing loss disability and a medically sound basis for attributing that disability to service may serve as a basis for a grant of service connection for hearing loss where there is credible evidence of acoustic trauma due to significant noise exposure in service, post-service audiometric findings meeting the regulatory requirements for hearing loss disability for VA purposes, and a medically sound basis upon which to attribute the post-service findings to the injury in service (as opposed to intercurrent causes). This board of veterans appeals law judge also says this: "The law does not necessarily require that hearing loss manifest in service" (This quote comes directly from the BVA veteran law judge). The VA will always say that you did not have hearing loss or tinnitus at entrance and exit exams. Also read some of the case studies on hearing loss and tinnitus. The VA rater is suppose to use the VA training letter 10-35 and consider the veteran MOS to determine if the veteran worked in a high noise probable area which you did. Please do not give up and disagree with the VA decision.
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