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25 results for “hearing loss”
In M-21-1- Regulation section: Part V, Subpart iii, Chapter 2, Section BM-21-1
Conditions of the Auditory System
2. Hearing Loss This topic contains general information about hearing loss, including · sympathetic reading of hearing loss claims · regulatory definition of impaired hearing · changes in audiological testing methods · applying past versions of hearing loss criteria · handling changed criteria…
- Regulation section: Part IV, Subpart i, Chapter 3, Section BM-21-1
Examination Sufficiency for Specific Disabilities
IV.i.3.B.1.c. Hearing Loss and Tinnitus Examination Report Review A hearing loss and tinnitus examination report may be considered insufficient if an opinion was requested but is not provided in the report. Unusual circumstances may arise during the examination, requiring the examiner to *…
- Regulation section: Part V, Subpart ii, Chapter 3, Section DM-21-1
Evaluating Disabilities
does not demonstrate that the symptomatology consistently associated with the service-connected bilateral hearing loss supports an increased evaluation on a schedular or extra-schedular basis for any time period._ RECOMMENDATION: **[Provide a recommendation, to include an effective date, if…
- Regulation section: Part V, Subpart ii, Chapter 3, Section AM-21-1
Determining the Issues
was also diagnosed during the VA audiology examination. _Result_ : In view of the evidence, the expressly claimed issue of SC for hearing loss and earaches must be sympathetically read as encompassing the diagnosed disability hyperacusis. Decreased sound tolerance (hyperacusis) reasonably falls…
- Regulation section: Part IV, Subpart i, Chapter 3, Section AM-21-1
General Criteria for Sufficiency of Examination Reports
IV.i.3.A.1.k. Qualification Requirements of Examiners –Hearing Loss and Tinnitus Hearing loss examinations must be completed by a state-licensed audiologist. If only a tinnitus examination is being requested, the examination may be conducted by either an audiologist or non-audiologist…
- Regulation section: Part VIII, Subpart iv, Chapter 4, Section AM-21-1
Special Monthly Compensation (SMC)
VIII.iv.4.A.5.k. SMC for Bilateral Blindness With Bilateral Hearing Loss Considered 30-Percent Disabling A Veteran is entitled to an additional full step in the level of SMC, not to exceed that provided by [38 U.S.C. 1114(o)](<https://www.law.cornell.edu/uscode/text/38/1114>) and [38 CFR…
- Regulation section: Part IV, Subpart i, Chapter 2, Section AM-21-1
Examination Requests Overview
IV.i.2.A.7.h. Medical Opinions and the Hearing Loss and Tinnitus DBQ The DBQ for hearing loss and tinnitus contains specific sections for etiology opinions. However, examiners generally are not expected to provide unsolicited medical opinions, and in some types of hearing loss and tinnitus…
- Regulation section: Part V, Subpart ii, Chapter 4, Section AM-21-1
Effective Dates
V.ii.4.A.1.g. Effective Date Associated With Sympathetic Reading or a Within Scope Determination The effective date of a grant of SC for any disabilities arising from the sympathetic reading of a claim, or finding a disability within the scope of a different claimed disability, is governed by…
- Regulation section: Part VIII, Subpart iv, Chapter 4, Section BM-21-1
History of Special Monthly Compensation (SMC)
VIII.iv.4.B.6.f. SMC Under PL 98-223 _PL 98-223_ , effective October 1, 1983, provided for payment of SMC under [38 U.S.C. 1114(o)](<http://www.law.cornell.edu/uscode/text/38/1114>) to include bilateral blindness, having LPO or less, with · SC total deafness in one ear, or · bilateral hearing…
- Regulation section: Part IV, Subpart i, Chapter 1, Section AM-21-1
Duty to Assist With Providing a Medical Examination or Opinion
· The evidentiary standards for requesting the PTSD and hearing loss examinations have been satisfied on the basis of the lay report of symptoms, combat service, and a plausible nexus. Request the PTSD examination, but wait until the STRs are received before requesting the audio examination…
- Regulation section: Part III, Subpart i, Chapter 2, Section EM-21-1
Relevance Determinations
Analysis: Since it is highly unlikely that retrieval of the records for liver failure would provide a nexus between the Veteran’s hearing loss and his cause of death, nor likely to aid in substantiating the SC death claim, these records are not relevant _unless_ the surviving spouse provides a…
- Regulation section: Part II, Subpart iii, Chapter 3, Section BM-21-1
System Updates at Intake
Exception: If the periods of service are concurrent with the receipt of VA benefits and the Veteran’s eligibility to benefits is impacted, then all periods impacting payment of benefits must be verified and entered into VBMS. References: For more information on · updating service in VBMS…
- Regulation section: Part IV, Subpart i, Chapter 2, Section EM-21-1
Examinations in Special Situations
References: For more information on · conditions that are legally ineligible for SC, see · [38 CFR 4.9](<https://www.ecfr.gov/current/title-38/section-4.9>) · [38 CFR 3.303(c)](<https://www.ecfr.gov/current/title-38/section-3.303>), and · [38 CFR…
- Regulation section: Part IV, Subpart i, Chapter 1, Section BM-21-1
Evidentiary Standards for Finding an Examination or Opinion Necessary
IV.i.1.B.1.b. Current Disability or Symptoms Element 1 : The first element, found in [38 CFR 3.159(c)(4)(i)_(A_)](<http://www.ecfr.gov/cgi-bin/text-idx?SID=f22875bb0218c30077b243a4e74103e5&mc=true&node=se38.1.3_1159&rgn=div8>), that must be met before an examination is necessary under the…
- Regulation section: Part X, Subpart v, Chapter 1, Section DM-21-1
Regional Office (RO) Hearings
· a hearing might be the only time a claimant interacts with a decision-maker · it is understandable that a claimant may be frustrated or angry at the claim process or a prior VA decision, and · inappropriate behavior may be a manifestation of social impairment, diminished impulse control, or anger…
- Regulation section: Part VIII, Subpart ii, Chapter 1, Section BM-21-1
Developing Presumptive Service Connection (SC) Claims from Persian Gulf Veterans
VIII.ii.1.B.2.d. Gulf War General Medical Examination and Finality Do not request a Gulf War general medical examination if one has been completed in response to a pending claim or a decision that has not yet become final per [38 CFR…
- Regulation section: Part VIII, Subpart iv, Chapter 9, Section BM-21-1
Diving-Related Disabilities
VIII.iv.9.B.2.b. Rating Residuals of Diving Injuries In rating residuals of a diving injury, [38 CFR 4.71a, diagnostic code (DC) 5011](<http://www.ecfr.gov/cgi-bin/text-idx?SID=db2cc919a9f73dc49bafff6f3fae9577&mc=true&node=se38.1.4_171a&rgn=div8>), decompression illness, is used as it is the…
- Regulation section: Part X, Subpart ii, Chapter 2, Section BM-21-1
Revision Based on Receipt of Supplemental Service Records
X.ii.2.B.2.d. Processing Service Records That Do Not Require Reconsideration of a Prior Claim When service records do not require reconsideration, the rating activity must annotate the service records in VBMS using the following format: _NAN_ , [brief justification] (_Example_ : NAN…
- Regulation section: Part V, Subpart ii, Chapter 2, Section AM-21-1
Direct Service Connection (SC) and Service Incurrence of an Injury
V.ii.2.A.2.a. Definition: Presumption of Soundness The _presumption of soundness_ means that a Veteran will be considered to have been in sound condition (the claimed disability did not exist) when examined, accepted, and enrolled for service.Exceptions: The presumption of soundness…
- Regulation section: Part X, Subpart ii, Chapter 6, Section DM-21-1
Processing Awards to Incompetent Beneficiaries
X.ii.6.D.3.d. Responding to a Beneficiary’s Request for a Hearing If a beneficiary requests a personal hearing, advise the beneficiary that · witnesses may be brought to the hearing · witness testimony will be included in the record · they may be represented by an · accredited representative of…
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