Help I need information

Discussion in 'Disability' started by Leonard, Aug 20, 2005.

  1. Leonard

    Leonard New Member

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    Hello all, I wanted to know if any of you are familiar with this rule concerning hearing loss. As most of you know tinnitus is simply ringing noises in the ear. It could be severe or minor. This is purely subjective because a doctor can't say if you are hearing ringing or not. They simply check your audiogram for signs of hearing loss and your complaint of ringing in the ears and basically rate you from there. In the past veterans were rated for the left or the right ear but not both. Recently I heard if a veteran received a rating for tinnitus of 10% that he or she could get a re-evaluation for bilateral tinnitus and receive 10% for each ear. Has anyone else heard of this? Next issue, I am trying to put together a case for a CRSC reconsideration. I was turned down for my knees, hearing, and lower back. By the way, VA rated me 10% for each condition. I jumped out of airplnes for 10 years not to mention all of the roadmarches and training exercises. What do I need to do to strengthen my case? I do have an orthopedic surgeon's opinion on my knees but what about everything else? Help me out yall.

    Leonard
  2. TinCanMan

    TinCanMan Active Member

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    Leonard:

    That would be the smith v nicholson case decided 4 April 2005. The USCAVC ruled in favor of a bilateral award for veterans that "claimed" bilateral tinnitus prior to 13 June 2003 (when the VA changed the regulations). At the moment, vets asking for the 20% award are being rejected. The VA is working on their appeal and until it is settled does not plan to make the bilateral payment.

    As far as the other stuff goes, for each disabling disease and condition you need 3 things:

    1. the requisite military service
    2. a diagnosis of a disease or condition
    3. a nexus or connection between 1 & 2

    That nexus can be as simple as a doctors statement that he believes, more likely than not, YOUR condition was caused by YOUR service.

    Having said that, he has to back up his statement regarding why he believes it is so and he had better be able to say he has reviewed your service medical an personnel records. He cannot base his opinion on what you tell him about your service. It must at least have minimal documentation.
  3. Leonard

    Leonard New Member

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    Thanks for the info TinCanMan.

    Leonard

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