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19.11.2013
That’s where you say one thing, and the VA understands it to mean something completely different. This recently happened to a Veteran in his claim for an extra-schedular rating – he thought that his VA disability hearing loss payments were not enough.
1) First, compare the level of severity of the Veteran’s actual symptoms and limitations with the established criteria in the VA Impairment Ratings Table.
1) If your disability has symptoms and limitations that are not discussed in the VA Impairment Ratings Table, or the rating does not adequately compensate you due to a unique disability picture, be sure to tell the VA you want them to consider a claim for an extra-schedular rating under 38 CFR 3.321(b). 2) If the VA does not analyze your claim exactly as laid out above – or if they do not refer your case to the proper person for decision (see Thun Step #3) above, then make sure that you file a timely Notice of Disagreement to the Ratings Decision.
3) If the BVA still denies, consider reaching out to an attorney to appeal to the Veterans Court to raise a Thun violation before the Court. The Court is increasingly frustrated with the VA and BVA’s  improper analyses of these types of claims.
But now I was just going to agree with them and say, but now my condition is worse and warrants the higher rating. It is time to change the VA’s restrictive guidelines for diagnosing Hearing Loss and Tinnitus. The VA’s current standard diagnostic testing uses only the standard hearing aid test Hertz frequency levels (Hz). Military testing is usually to 6000 Hz and sometimes to the 8000 Hz International Standard. The International Diagnostic Standard for determining pathology measures to 8000 Hz.[2] The 8000 Hz level is used for diagnostics at other government agencies.


Below standard VA Hearing Loss and Tinnitus full diagnosis are policy but hopefully administratively changeable per claim with civilian diagnosis.
They have and will even deny claims from their physician’s using improper diagnostic Federal Procedure Codes.
After a civilian diagnosis and a VA denial of benefits a second civilian diagnosis is appropriate to concur with the first civilian diagnosis. Besides the County and State Representatives all Congressional Representatives have Aides to handle veteran’s issues. Such happened recently resulting with the loss of Oakland California’s Regional Director and her Aide.
Consider your second claim a feint if denied and reapply with the second civilian diagnosis. It took 4 years and Congressman Robert Matsui of Sacramento, CA finally got a bill passed in Congress in 1984.
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At The Vinton County National Bank, we want you to know we are here for you and that we think our customers deserve the very best in banking. Did you know that people who suspect they have hearing loss often wait years before they take steps to address their hearing health? Do any of these risk factors apply to YOU?  If so, or if you’ve begun to have any other concerns about your hearing, consider making an appointment with an audiologist or other hearing specialist.
1Based on calculations performed by NIDCD Epidemiology and Statistics Program staff using data from the 1999-2010 National Health and Nutrition Examination Survey (NHANES) and applying the definition of disabling hearing loss used by the 2010 Global Burden of Disease Expert Hearing Loss Team (“hearing loss of 35 decibels or more in the better ear, the level at which adults could generally benefit from hearing aids”). Even though his hearing loss had a profound impact on his ability to function in the world, the VA assigned him a 0% rating. Lay evidence is going to be a HUGE factor – so make sure you have plenty to show all the symptoms and limitations outside the rating schedule. With mild hearing loss and frequency hearing loss, the only symptom might be subtle difficulty with word understanding, particularly in situations where there is competing noise.
Foye then admitted from McCall’s doctor’s letter that they were in violation of contractual Intent, Patient Abandonment and when in service there was Dereliction of Duty.



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