HLR this afternoon for tinnitus denial - help me prepare?
Posted on
Following from my previous post here, I just wanted to talk out my strategy for the coming meeting and welcome any advice.
So pretty much I want to make sure that I satisfy the three elements they're looking for to grant service connection.
- I was diagnosed with a disability (tinnitus) by the VA. This diagnosis has been affirmed by the VA several times.
- My C&P notes as well as my most recent decision letter concede noise exposure capable of causing tinnitus. My MOS has a moderate probability rating for noise exposure.
- My decision letters suggest that the absence of documentation serves as a basis for negative evidence. As I had stated previously in my claim via written statement, I was unaware what tinnitus was and that it was a medical condition that should have been reported, hence the lack of documentation in my service record. If my understanding is correct, a relatively recent addition to the C&P Manual M21-1 - specifically Part V, Subpart ii, Chapter 1, Section A, 2.g - Absence of Evidence - suggests that raters should not use the absence of evidence in my records as negative evidence.
Additionally, my C&P notes state that I am a combat veteran and that "[my] report of tinnitus beginning during military service is given greater probative value.
I am not claiming hearing loss, only tinnitus, which is a separate and independent condition that can occur without hearing loss. I am not claiming tinnitus secondary to hearing loss. The absence of hearing loss should not count as negative evidence as prior decision letters have suggested.
Given all the aforementioned, I believe service-connection is pretty clear.
Please lend me your opinions and advice - I'd like to quash this now rather than let the process drag on another year.
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