discuss To begin with: Aiming for hearing loss and tinnitus

[Protocol]

Vetspouse here (shared account). Picked up a trick or two about the VA maze before my husband hung up his uniform.

Turns out, his hearing loss got denied as non-service-connected, and the slight tinnitus got a flat-out no too. Peeking through his files, I figured these would be no-brainers to get both recognized and rated, at a 0% for hearing and a 10% for tinnitus judging by what I've seen others get. His enlistment health check, the DD Form 2807 "Report of Medical History," showed his ears were all clear for service, and the DD Form 2808 "Report of Medical Examination" shows sharper hearing than what his final health exam reports.

He's of the mind to let it be, saying the slim gain even if they grant it, would still put him at a total of 70% like he is now. Me? I'm all for pushing back. Every percent counts when you tally the small disability rating percentages up, and in this particular case, the evidence stacks up nicely here for hearing loss and tinnitus. His ears were tip-top at the start, not so much at the finish.

Seems to me a doc could easily link the hearing loss to his service with just these records to go on, and if tinnitus gets diagnosed and connected to his hearing loss, that's a straight shot to a 10% secondary (or primary?).

Now, 10% might seem small. But we've left out a few disabilities to claim because his medical record seemed to be split at the time of filing.

I reckon the appeal window's closed, yet I see a solid shot at tying the hearing issues to service, getting the tinnitus acknowledged, and maybe even getting a few other small claims in like his wonky ankle that never healed right. Then there are the increases (one going from 0% to 20% off the top of my head) that we could go for based on previous rating decisions and what we know now too.

Is it too pie in the sky to think we can line these up as service-connected so smoothly? And, do you think we're still too far from 100%? Please, help us see what we're not able to see!

TIA

 

[dVet]

Not sure if you're leaning towards bundling everything into a single claim or tackling it issue by issue.

From what you've laid out, your case for hearing loss and tinnitus seems pretty solid. Might be missing a piece or two, but what I'm about to share could help complete the picture for a home-run claim.

I recall doing a hearing test back in middle or high school for some reason unrelated to joining the Marines, possibly after an ear infection, if memory serves. Does your husband remember any pre-MEPS hearing tests? Demonstrating a consistent pattern of hearing loss, especially if the results were as good as those taken at MEPS, could strengthen your claim. If possible, dig up those records and include them in your claim too. There can never be too much evidence!

A robust hearing loss and tinnitus claim packet might look like this if not filed electronically (which is how I submitted all but my last two claims):

• VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, serving as the cover page for your hearing loss and tinnitus claim. (15 pages)
• Personal/lay statement (VA Form 21-10210) detailing the decline in hearing, starting with your theory on its cause. Highlight your clean ear health record on DD Form 2807 and draw attention to your DD Form 2808 hearing test results, comparing them to your last in-service hearing exam. If your military role is listed in the Duty MOS Noise Exposure Listing, underscore that and its potential presumptive link to your hearing issues. (3 pages)
• Your military role's Duty MOS Noise Exposure Listing, ensuring it's the enlisted version, with the presumed link to hearing loss. (1 page)
• Any previous medical records related to your hearing. (1 page~)
• DD Form 2807. (4 pages)
• DD Form 2808. (4 pages)
• Lay statement (VA Form 21-10210) from someone who knew you pre-service and can vouch for your hearing normalcy, noting your responsiveness and ability to hear everyday sounds. This could even be from your spouse, noting your attentiveness in conversations without needing to verify what was said (this might also support a mental health claim if it affected your marriage, but let's focus on hearing loss for now). (3 pages)
• Lay statement (VA Form 21-10210) from a peer in the same naval rating as you with similar hearing issues, attributing it to shared duties that both might have shared. Include any relevant anecdotes from this statement in your statement, but be brief and concise, sticking to only the relevant issues when doing so. (3 pages)
• All military hearing-related medical records. (3 pages~)
• Post-service hearing test records, if available, though not mandatory as a C&P exam should cover this, with the minimum of a current medical diagnosis of hearing loss and tinnitus. (2 pages~)
• A nexus letter from your primary care doctor stating that your hearing loss is "more likely than not" (meaning greater than 50% likelihood of a connection) or "at least as likely as not" (meaning equal to or greater than 50% likelihood of a connection) if they believe that your time in the Navy contributed to your hearing loss and tinnitus after have given them time to review your past exams and personal statement. (1 page~)
• A completed DBQ (Ear Conditions Disability Benefits Questionnaire) by your primary care physician or VA doctor, though the latter may hesitate, or by both if possible. (7-14 pages)

This packet could easily total more than 50 pages, many of which are Form instructions. I included full forms, instructions, and all, to avoid any claims of missing information. Completing this claim would require coordination with 5 or more individuals, so I would advise starting with an Intent to File to secure your claim's effective date, assuming you haven't already prepared most of this.

In my experience, adding an extra personal statement to my lay statement was beneficial, as it provided more context for the rater, who can only assign a rating based on evidence they have, which in my example provided to you is quite substantial.

Another strategy I used was a pack of highlighters (and a pen) to uniquely mark related sections across different documents with matching colors and numbers, eliminating any ambiguity in my claims.

After assembling the claim packet, I'd send it via USPS for tracking for that confirmation of receipt by the VA.

Did I win on my first try? No(t always). But persistence through appeals and adherence to this method, only adding more evidence, eventually led me before a Veteran Law Judge, who ruled swiftly and in my favor.

This is a lot to digest, but focus on the key points in the list above, and the knowledge that evidence is key.

Filing online is straightforward nowadays, just ensure you have all possible evidence to support the service connection of your hearing loss and tinnitus.

Then file, and patiently await the outcome.

To be transparent, my hearing loss is non-service-connected. This is even though I did roughly 10 months in a highly probable presumptive job which involved being on the ranges from 0400 to 1800 almost every week, with scarce garrison time for book and simulator training; otherwise, it was always rounds down range by myself or others while I changed out the targets. It's one of two battles that I have yet to take up with the VA.

 

[troppy]

Something that caught my eye in @dVet's post was the Duty MOS Noise Exposure Listing, which sent me on a quick Google adventure.

I stumbled upon this fantastic site that categorizes the likelihood of hearing loss into the categories of low, moderate, and high probabilities based on your role and whether you served as an enlisted member, a warrant officer, or an officer in that role.

The Complete Guide to the Duty MOS Noise Exposure Listing

VACI breaks down the Duty MOS Noise Exposure Listing by the branch of service, job title, and the probability of noise exposure. Read on.

vaclaimsinsider.com

This gem could be a game-changer for vets filing hearing loss claims or appeals as it only offers up more evidence to support service-connected hearing loss.

Maybe @JVHV could whip up a handy resource right here, making it a breeze for members to find and delve into. Plus, we could all mull over it on a case-by-case basis helping one another out with hearing loss claims and advice.

 

[CalVet]

Tons of valuable insights packed in here, especially for those dealing with hearing loss claims as those seem to be the quickest to deny.

You've definitely got a claim on your hands that could hold water. But, it's likely to only hold about 10% of it.

I'd suggest you look into claims with more meat on the bones. I'm talking about those where you're currently at 0%, but have the potential to snag a 50% or 70% rating on their own or ones that could bump you up to 30% right off the bat.

Start with the heftier claims, then, if needed, scatter in those 10%ers to hit your 100% target, if that's what you're aiming for. But don't totally dismiss the 10%ers as getting those smaller claims recognized means tapping into the top-tier healthcare, putting the compensation aspect on the side.

Good luck!

 

[Protocol]

Without a doubt, there's a wealth of knowledge here to sift through. Can't say enough how appreciative I am for the direction on where to even begin.