r/VeteransBenefits

Not happy with my Hearing C&P? Any Advice is appreciated?

You should immediately request a new Compensation & Pension (C&P) exam by filing a formal complaint with the VA, as the procedural irregularities you describe likely invalidate the examination's adequacy under the law. For a valid audiology exam, 38 CFR 4.85 mandates specific testing procedures in a sound-treated environment, and the examiner must review your relevant medical history, including your in-service diagnosis and post-service complaints, to provide a complete medical opinion on nexus and severity as required by 38 CFR 3.303 and 4.130. The failure to conduct a proper history review undermines the examination's foundation, as established in *Nieves-Rodriguez v. Peake*, which holds that a medical opinion is of no probative value if it lacks adequate rationale. Your actionable next steps are: 1) Contact the VA directly (1-800-827-1000) or through your VSO to report the deficient exam and request a new one, citing the lack of historical review; 2) Submit a formal statement in support of claim detailing the examiner's omissions, referencing your 2015, 2018, and 2022 complaints; and 3) If the claim is denied based on this flawed exam, file a Notice of Disagreement and argue for a remand under *Stefl v. Nicholson*, which requires adequate examinations. For hearing loss, Diagnostic Code 6100 is used, and tinnitus is rated under DC 6260, but a proper nexus opinion is critical. **Disclaimer: This is educational information for claims assistance and is not legal or medical advice; consult an accredited VA attorney or agent for your specific case.**

Need a deeper analysis?

Our AI analyzes your specific situation against thousands of BVA decisions.

Analyze Your Claim Free
← Back to all questions
Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).