Jim,
I've read your articles/responses to many questions regarding VA Disability Compensation and have found them very informative and guiding. It took me years to file a disability claim with the VA due to hearing loss from US Navy service from 1972 to 1975. In December, 2008 I was awarded 40 percent. VA Disability increased to 80 percent in March 2011. After a bout with cancer, kidney loss not related to military service to military service applied for Social Security Disability. Included in the application for Social Security Disability was my hearing loss.The Administrative Judge ruled in my favor, granted disability and leaned heavily on the VA Audiology Evaluations and findings. In July, 2012, filed for TDIU due to hearing loss. In addition, read some cases under VA appeal regarding hearing loss. Recently was called and evaluated again for hearing loss and underwent a physical exam, employment history interview etc. The audiologist conducting the evaluation did indicate that my word distinction evaluation was worse down from 16 to 12 left ear and 40 to 32 in right ear. My questions are; 1. Will the VA look at hearing loss as one issue and possibly increase my existing 80 percent disability if it is indicated? Or 2. Will the VA look at the hearing loss and TDIU as one and make a decision on one? If my hearing loss merits an increase in disability will I have to file another claim?
Reply:
VA will evaluate the hearing loss and rate it accordingly. Then the rater will assess your eligibility for the TDIU benefit.
The rating for hearing loss won't have much of an effect. Even if you received another 10%, the Combined Ratings Table would probably ensure that the overall rating wouldn't increase.
From what you've told me I don't know that you're eligible for TDIU. VA won't consider the kidney loss as it isn't service connected. Are you sure the kidney cancer isn't service connected? If you're over 60 and served at Camp Lejeune, it may be. Kidney cancer is often caused by chemical exposure.
To help you understand how TDIU is arrived at, I'd like you to read
http://www.vawatchdog.org/tdiu-unemployability.html
Then to learn about the CRT check out
http://veteransbenefitsatoz.com/Combined_Ratings.html
I'll be around if you have other questions.
Jim