This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


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    • CLAIM COMPLETE--Frm 80% to 100% Comb Rtg
      Congratulations on your win, hope you enjoy with your family!
    • Sc'd And Non Sc'd, How Do They Effect Benefit Rating.
      Non Service Connected ratings do not effect Service Connected ratings in any way.The purpose of Non Service Connected ratings is two-fold. 1. The VA acknowledges that you have a disability, but it is not related to your military service. The benefit of this is if at a later date you can prove it is from your military service then you would be compensated all the back to the date they acknowledged the disability. In order to do this you would need your service treatment records and show where the issue was reported during service or that it is a presumptive condition of your service. Not very likely. 2. Non Service Connected disabilities can help you if you ever need to apply for pension benefits. Keep in mind the income limitations for pension are so low you do not want to be in that position.
    • Intent to file
      I'm not sure I understand what you are asking as you stated " 3 claims that I made days prior to my original claim is in intent to file status". The 3 claims that you made prior to your original claim are the original claim, or maybe I misunderstand your question. Nevertheless, here is how the claims process works. But first, know that each Veteran only gets one "original claim", all subsequent claims are just that, subsequent claims. So, the first claim you submit is the original claim. If submitted on an EZ form it is a Fully Developed Claim (FDC), assuming all med evidence and secondary forms were submitted at the same time. The second claim you filed automatically removed your claims from FDC. No big deal, it will just take a little extra time to process your claim. If the second claim is submitted while the original claim is still open it is added to your original claim, but has a different contention date.  An example might clarify things a bit. Suppose I submit an original claim for left knee on January 1. Then on January 10 I submit another claim for right elbow. On February 11, I submit a third claim and the original claim is still open. The VA will add the January 10 claim to the original claim with a contention of January 10, and the February 11 claim is also added to the original claim with a contention date of February 11. Assuming all three claims are granted you would have qualifying disabilities with effective dates of January 1, January 10, and February 11. The January 1 and January 10 disabilities would be payable from February 1, and the February 11 disability would be payable from March 1. *NOTE: If you got out of the service within one year of filing your claim then every disability would have a qualifying disability date from your first day of return to civilian life. Here is where the claims process can get muddied. Suppose your original claim filed January 1 was for lower back pain, and your February 11 claim was for pain radiating down the left leg. The VA may have already scheduled an exam for the lower back pain from January 1, but now they have to recall the med exam to insert what is probably a secondary issue of pain radiating down the left leg caused by the problem in your back. This slows down the process, or might result in you having to report for an additional exam. To answer the last part of your question of why the second claim(s) have not been added to the original claim. There are several possibilities, but the most likely is this. When the VA processed your original claim they reviewed your evidence and probably submitted the claim for medical evaluation and automatically placed a thirty to sixty day suspense date on it. This means they will not look at your claim again until that time has passed. When they do look at your claim again, they will see the other claims submitted and determine what steps to take next. Do they need to recall the previous med exams, issue new med exams, or grant or deny outright due to evidence on file or in your service treatment records.  It is at this point they will change the new intent to file issues to the appropriate status. All in all, it is best to get all your ducks in a row and submit everything at one time, but that isn't always possible. You haven't done anything wrong, it just might take a little extra time to sort it all out. 
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      You need to order your Cfile, and review your records.  Does your entrance exam show a history of alcohol abuse?  Also read your C and P exams.  The decision states the examiner stated your shoulder issue was less likely than not related to service.  This means you have not got a nexus.  If, indeed, your c and p exam says this, then you will need to fix this to get SC, probably by an IME/IMO.   You need to check your records to see if the statments they made are consistent with the medical records/cfile.  If not, its possible either the VA did not read your evidence, they shredded some, or they used another Vets medical records (yes, it happens).     You posted (from your decision) : "You submitted a lay statement to Support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent and sufficient in this case to establish a diagnosis of your condition or to show that a diagnosis had been made by a medical professional. You submitted a lay statement to support your claim. A credible lay statement may establish what was seen, heard, and directly experienced. The lay evidence was found not to be competent or credible evidence of the symptoms of your claimed condition. Although, some evidence supports your claim, we found other medical evidence more persuasive because it is supported by an accurate account of the medical history and/or it is the most detailed and reliable depiction of your medical condition. While some evidence supports your claim, we found other medical evidence more persuasive because it is supported by your relevant military And/or personal history. The VA medical opinion found no link between your diagnosed medical condition and military service.  You submitted lay evidence that your claimed disability is..."   The underlined portion is not a valid reasons and bases.  They must be specific as to what medical evidence conflicted your lay statements.  They need to say something like, "The Veteran reported xx, but Dr. C on 4-14-2010 stated this was yy, and that xx was incorrect".   You probably need to file a NOD, after reviewing your cfile, before, if it does not arrive within  a year.    
    • Memorial Day Vets Freebies, discounts
      Add yours to the list if you have one: Memorial Day is May 30. It's a time set aside to honor those who lost their lives in the service of their country. It's also become a time for people to thank active duty military personnel and veterans for their service to America. Some stores, restaurants and attractions offer freebies, deals and discounts for both current and former military personnel. It's always good to check with individual merchants to ensure their participation and make sure you have military identification. Here are some of the best Memorial Day offers: Restaurants Applebee's: Up to 10 percent off with valid military ID. Cinnabon: Save 15 percent at participating locations daily with your military ID. Dunkin' Donuts: Take 10 percent off all online orders every day with your Veterans Advantage membership. Hooters: Present military ID at Hooters on Memorial Day and for a free burger, buffalo chicken salad, or 10-piece wings. Lone Star Steakhouse: 20 percent off on Mondays, and 10 percent all other days of the week with valid military ID. McCallister's Deli: Free meal to all active duty military. Includes complimentary entrée, drink and dessert on May 30. McCormick & Schmick's: Active-duty military and veterans can get a free entrée for dinner or lunch on Monday, May 30. The options include buttermilk fried shrimp, parmesan crusted chicken, beef medallions, or beer battered fish and chips. Outback Steakhouse: 10 percent off with valid military ID. Red Robin: Free appetizer with any $10 purchase all weekend. You have to be a Red Robin Royalty member to qualify and can sign up here. Shoney's: One All-American Burger with fries is available to each guest with military ID on Memorial Day. Texas Roadhouse: Receive up to 30 percent off depending on location with valid military ID. Attractions Museums: More than 2,000 museums around the country offer free admission to active-duty military and their families from Memorial Day weekend through Labor Day. You can find participating museums here. National Park Service: Current U.S. military members, dependents of deployed members of the armed forces and most Reservists and National Guard members can get a free annual pass year-round with military ID. Walt Disney World Resort: Four days military promotional tickets with park hopper option is $196 plus tax. Purchase through Dec. 16 for use now through Dec. 19. Zoos: Many zoos, including the Birmingham Zoo, offers free admission for all active duty and retired military and their dependents on May 28 from 9 a.m.-May 30 at 5 p.m. Other Lowe's  Year round 10% Discount for Active Duty, Disabled Vets, retired.     General motors: Active duty, reservists, retirees, veterans and their spouses can receive the General Motors military discount on Chevrolet, Buick, and GMC vehicles through May 31. Hyundai: Hyundai is doubling its usual $500 military discount for active, retired or veteran military members and their spouses for all eligible 2015, 2016 and 2017 model-year new Hyundai vehicles. Lowe's: A 10 percent military discount to active duty military members and retired veterans, or VA recipients. Valid military ID required. Nike: Save 10 percent at Nike.com and U.S. Nike retail stores throughout the year as an active duty, retired or reserve member of the armed forces. Under Armour: Veterans and active duty service members receive 15 percent off with valid UA Troop ID from May 24 to May 31. You can find out more here.
    • Increase Upgrade rather then DRO or Re open
      Your Award has to pass the 1 year mark, without a NOD filing, to become final. I was in the same situation back in 07/14. Secondary 04/14 FDC Awarded @ 0%. At that time, I had just been Awarded IU at a 06/28/14 DRO Hearing, from a 2010 NOD. Sure didn't want to wait another 3 to 4 yrs for a DRO Decision. Filed a New Secondary FDC 01/15, exactly the same as the 04/14 FDC. C & P took place 04/15 (real Negative VA Dr), 07/15 Decision letter, same Secondary SC @ 0%. I was getting ready to get back on the NOD Train 12/15, just hadn't mailed it in yet. Went on E-Ben 01/03/16 to get a copy of my IU Award for MI Property Tax Exemption. Low and behold, the VA Quality Control Phantom Rater, had taken me from 90% IU to 100% Scheduler with SMC S (1), in mid December. I have no idea of how long the Quality Control Rater had my 07/15 Decision. Had I jumped back on the NOD Train right away, would that have stopped his review and subsequent Award, I don't know. Semper Fi
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      The decision states: "Because we were able to identify a marker in your service treatment reports you were scheduled for a VA compensation examination which was conducted in July 2015.  The examiner diagnosed major depressive disorder and other specified anxiety disorder.  The examiner indicated it is at least as likely as not the" stressor occurred. However the examiner indicated The series of experiences you found to be distressing, you reported antagonistic harassment by superiors related to alcohol rehabilitation contributed to his distress." That, in my opinion ,is not a stressor. We have a topic here I did on what is and isn't a stressor available under a search.  Although combat is not the only prerequisite for a stressor, this does not come close to a non combat stressor. Others might disagree with me and chime in here.    
    • Should I file a claim now or wait?
      Sax, your NEW claim has no bearing or affect on the Issues being Appealed to the BVA. I don't recall you mentioning that you actually started a New claim on your E-Ben site. You know, right, just starting the Claim on E-Ben, establishes your Retro Date? Filing as an FDC, is the way to go. My experience has been very positive with filing FDCs, as soon as the New DX Condition is in my VMC Medical Record. Some would caution, that Filing New Claims would slow down your other older claims or appeals. I filed (2) Secondary FDCs 02 & 04/14, 4 yr old DRO Hearing request was held 06/29/14. Both FDCs (1 Denial, 1 Awarded) were done by 07/14.  Semper Fi  
    • Exams during flare up?
      Oh okay, very good info. Seems similar to the one I had as well. Crossing my fingers for an increase. 
    • DRO hearing
      Rpowell, I would hold off on this until John Dorle sees it.     I think that is the John D you mean. Maybe Dr Bash or even John Dorle could provide an Addendum solely supporting the P & T Issue. I do not see a CUE here. And I do not feel you should drop those pending issues if any of them could possibly cause or contribute to your death. P & T is a medical determination, and like all of the other disability ratings, it requires a C & P exam unless they have significant evidence already, as you said they do in the opinion from Dr. Bash. Even if this involves a new IMO ( Dr Bash might want them to do a new C & P so that his IMO can attack that word for word) it would be well worth the investment  (his fee) in my opinion because the benefits of 100% P & T to your dependents and even with impact on your property tax, depending on where you live, all of that would be worth an IMO specifically for the P & T.        

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68mustang

Va Turned Down Claim

48 posts in this topic

Recently I put in a claim for hearing loss and vertigo. The VA denied the hearing loss, but has let the vertigo claim go forward. The reason the VA stated for denying the hearing loss claim was that last year I had put in a claim for hearing loss, which was denied and that I did not appeal the decision within the one year time limit. I did file a claim for tinnitus, and did not file a hearing loss claim. The tinnitus claim was approved and I received a 10% rating. The award letter states that my tinnitus claim was approved and nowhere in the letter does it state that a hearing loss claim was denied. The VA also states that in order for the hearing loss claim to continue, that I need to provide new evidence which has not been previously used.

The doctor's report that I sent in last year for the tinnitus claim stated the I had tinnitus and hearing loss due to acoustic trauma while in the military.

The doctor's report was used on the tinnitus claim, should that report be allowed to support my hearing loss claim since I had not previously file for hearing loss claim in last years original tinnitus claim?

Any input that you all might have would be appreciated. Thanks.

68mustang

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is tinnitis and hearing loss separate , i filed claim for hearing loss and thought

they were same .i was diagnosed with tinnitis after a long time out of military.

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No skunk, hearing loss and tinnitus are two separate issues. Maximum rating for tinnitus, whether in one ear or both, is 10%. Even if service connected, hearing loss needs to be significant to be rated above 0%, but again, they're both separate issues. You can suffer hearing loss without suffering from tinnitus.

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No skunk, hearing loss and tinnitus are two separate issues. Maximum rating for tinnitus, whether in one ear or both, is 10%. Even if service connected, hearing loss needs to be significant to be rated above 0%, but again, they're both separate issues. You can suffer hearing loss without suffering from tinnitus.

well i did not know that , how do you aquire tinnitis?

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68, it sounds like the VA used a little known(virtually unknown to most veterans) tactic to get over on you. For some reason it has been ruled that if the VA rules on one issue but not another, the other claim can be deemed denied without notification to the veteran. At least, I remember something to that effect. If you had not filed for hearing loss, the VA might have used the doctors report for tinnitus and hearing loss as an infered claim. I think you should request a copy of your c-file to see just what is in there.

You may have to re-open with new and material evidence. Or maybe someone here has come across this and knows how to help. If I remember correctly, a while back we have discussed this issue here at Hadit. I don't remember if anyone had a solution for veterans that got screwed by this trap but it was determined that if any claim was rated with no mention of other claims in the award letter, a NOD must by filed to keep the other claim/s alive. Of course, if you hadn't personally filed for hearing loss and was not notified if the claim was infered, there was no way for you to NOD.

I could be reading more into this than there is.

Hope someone can help.

Edited by timetowinarace

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If you want a quick education on tinnitus, visit this website for the American Tinnitus Association:

www.ata.org

There's a tab labeled, "About Tinnitus" that should help.

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Recently I put in a claim for hearing loss and vertigo. The VA denied the hearing loss, but has let the vertigo claim go forward. The reason the VA stated for denying the hearing loss claim was that last year I had put in a claim for hearing loss, which was denied and that I did not appeal the decision within the one year time limit. I did file a claim for tinnitus, and did not file a hearing loss claim. The tinnitus claim was approved and I received a 10% rating. The award letter states that my tinnitus claim was approved and nowhere in the letter does it state that a hearing loss claim was denied. The VA also states that in order for the hearing loss claim to continue, that I need to provide new evidence which has not been previously used.

The doctor's report that I sent in last year for the tinnitus claim stated the I had tinnitus and hearing loss due to acoustic trauma while in the military.

The doctor's report was used on the tinnitus claim, should that report be allowed to support my hearing loss claim since I had not previously file for hearing loss claim in last years original tinnitus claim?

Any input that you all might have would be appreciated. Thanks.

Did your denial for "hearing loss" state that this doctor's report was used to come to the conclusion of the denial?

Is this doctor's report mentioned anywhere in the SOC?

If not, then I'd file an NOD for "hearing loss" and use this doctor's report as the basis of "new and material" (meaning it is new evidence that the VA had not considered in the original claim and that it was, indeed, material evidence that, if it had been considered, would have materially effected the decision.

68mustang

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states audio exam va hosp. hearing loss or tinnitus are not related to your

gonorrhea infection in vietnam

the most likely cause is your civilian occupation as a construction worker.

also says may reopen with new and material evidence.

when i filed for hearing loss the examiner at audiology asked mme if i had

ever had gonorrhea . i said yes ,in vietnam and i assumed that could cause

tinnitus , so i filed under that assumption ,wasn't very bright as there is no

evidence to connect the two ,i now find out.

now what i am investigating is medications since 1971 . all kinds psychiatric

meds , haldol prolixin, mellaril,stellazine,depakote,trazadone,and i dont know

what all else. i had severe reaction to haldol in va hosp and prolixin too.

i have been trying to find a precedent on making this kind of claim as far

as construction work i did not stay on jobs long enough to get hearing damage.

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states audio exam va hosp. hearing loss or tinnitus are not related to your

gonorrhea infection in vietnam

the most likely cause is your civilian occupation as a construction worker.

also says may reopen with new and material evidence.

when i filed for hearing loss the examiner at audiology asked mme if i had

ever had gonorrhea . i said yes ,in vietnam and i assumed that could cause

tinnitus , so i filed under that assumption ,wasn't very bright as there is no

evidence to connect the two ,i now find out.

now what i am investigating is medications since 1971 . all kinds psychiatric

meds , haldol prolixin, mellaril,stellazine,depakote,trazadone,and i dont know

what all else. i had severe reaction to haldol in va hosp and prolixin too.

i have been trying to find a precedent on making this kind of claim as far

as construction work i did not stay on jobs long enough to get hearing damage.

depends on what you were doing with the ear i suppose.

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depends on what you were doing with the ear i suppose.

well the ear was listening for sounds---- of better keep my mouth shut

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Thanks for the info provided by all of you.

Larry J to answer your questions below. The denial that I received this past month mentions that I had previously file for hearing loss in 2007 . I never filed for hearing loss at that time. In 2007 I for filed tinnitus and not for hearing loss. The tinnitus claim was awarded and the award letter did not make any mention of a denial for hearing loss. If there had been documentation of a denial for hearing loss I would have quickly file an NOD. I believe the VA has made a mistake in saying that a non existent hearing loss claim from 2007 precludes me from using the doctor's report that was used for tinnitus in 2007. The doctor's report documents hearing loss due to exposure to acoustic trauma in military jobs and I believe that I should be able to use it since it has not been used to support a hearing loss. Thanks.

"Did your denial for "hearing loss" state that this doctor's report was used to come to the conclusion of the denial?

Is this doctor's report mentioned anywhere in the SOC?

If not, then I'd file an NOD for "hearing loss" and use this doctor's report as the basis of "new and material" (meaning it is new evidence that the VA had not considered in the original claim and that it was, indeed, material evidence that, if it had been considered, would have materially effected the decision".

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I'd ask to see a copy of my C-file (get 'em to send you one).

Look through the C-file and make doubly sure that there is NOT a claim for hearing loss in your file (I know that you know that you DID NOT file for hearing loss.......BUT, when I received my copy of my C-file, I found a claim for DMII in there. I've never filed for diabetes, but, some old boy with a totally different name, HAD filed for diabetes, THREE years ago.........).

If there is no claim apparent for hearing loss, then now is the time to file a claim.

But, something is certainly strange of them turning down your claim for hearing loss, when there is, in fact, NO such claim.

Have you tried calling the 1-800 number and asking them to access your alledged claim?

Do it, just for laughs if nothing else.

If they can't find the so-called claim, then go for it. If they claim that they found the claim, get them to send you a copy of the claim.

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Could it be that since your Dr said you suffered from hearing loss that is SCd that then the RO "assumed" (wrongly) that you were also filing a claim for that hearing loss....but didn't find either enough evidence or the right paperwork and denied it??

idk...just guessing here

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Could it be that since your Dr said you suffered from hearing loss that is SCd that then the RO "assumed" (wrongly) that you were also filing a claim for that hearing loss....but didn't find either enough evidence or the right paperwork and denied it??

idk...just guessing here

Purple and Larry J thanks for your input. I don't know how an RO could give a denial when there is no claim for hearing loss. I agree that the RO could have made a mistake and wrongly assumed that a claim for hearing loss was made using the doctor's report. I'll also ask to see my c-file and call the 1-800 number for a copy of the alleged claim. Thanks.

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I agree with timetowinarace about a inferred claim. The RO most likely noticed that the audiologist mentioned hearing loss due to noise exposure in the service and opened a claim on your behalf. I so not know about the rule that time mentioned, though. According to M21-1MR, every issue that was in the claim has to be addressed in the decision letter. If they inferred a claim for hearing loss, then that should have been in the decision letter. Go back and re-read that decision letter and be certain it is not in there. If it is not, then I agree with the others about checking your C-file for any information on this. Do it quickly, in case you have to file a NOD. If you do find something in the C-file, but not on the decision letter, you may have a CUE, but you'll have to find the applicable reg and the reason for the denial first.

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During my claims process, I got tired of the years of VA bull and contacted my senator with a hand delivered letter. In that letter I listed all my issues/symptoms so the senator could understand the gravity of my medical situation. In turn, the senator's office forwarded that letter to the RO with his inquiry. The RO contacted me shortly after because they had to consider all of those symptoms as infered claims. My claim could not go forward with 13+ claims added to my file. These were not even medical reports. Just a list of symtoms. I had to write a statement that the list of symtoms was part of the initial claim and that I was dropping them as individual claims.

You do not have to file an official claim form for there to be a claim. That is why you need to view your c-file quickly.

I'll try to reference the decision about not notifying veterans for the deemed denied claims when one claim is rated.

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rental, here it is.

http://www.vawatchdog.org/old%20newsflashe...8-01-2006-1.htm

Larry,

A new case decided on July 27 by the U.S. Court of Appeals for the Federal Circuit (Fed. Cir.) contains a bombshell for veterans and their dependents.

The Fed. Cir. held that "[w]here the veteran files more than one claim with the RO at the same time, and the RO’s decision acts (favorably or unfavorably) on one of the claims but fails to specifically address the other claim, the second claim is deemed denied, and the appeal period begins to run." (citing Andrews v. Nicholson, 421 F.3d 1278 (Fed. Cir. 2005)).

This means, in contravention of 38 U.S.C. Sec. 5104 and 38 U.S.C. Sec. 3.103, that VA does not have to provide the claimant with notice of the claim or claims that have been "deemed denied" or the reasons for the denials, and the period in which to submit a notice of disagreement with the claims "deemed denied" begins to run from the date of the decision on any of the other simultaneously submitted claims.

Thus, an unrepresented or poorly represented claimant could have the time to appeal the "deemed denied" claims run out without even knowing that the claims had been denied!

Here is a link to the case: http://www.fedcir.gov/opinions/05-7155.pdf

Here are 38 U.S.C. Sec. 5104 and 38 U.S.C. Sec. 3.103:

§ 5104. Decisions and notices of decisions

(a) In the case of a decision by the Secretary under section 511 of this title [38 USCS § 511] affecting the provision of benefits to a claimant, the Secretary shall, on a timely basis, provide to the claimant (and to the claimant's representative) notice of such decision. The notice shall include an explanation of the procedure for obtaining review of the decision.

(:lol: In any case where the Secretary denies a benefit sought, the notice required by subsection (a) shall also include (1) a statement of the reasons for the decision, and (2) a summary of the evidence considered by the Secretary.

§ 3.103 Procedural due process and appellate rights.

(a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3.

(B) The right to notice -- (1) General. Claimants and their representatives are entitled to notice of any decision made by VA affecting the payment of benefits or the granting of relief. Such notice shall clearly set forth the decision made, any applicable effective date, the reason(s) for the decision, the right to a hearing on any issue involved in the claim, the right of representation and the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision.

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Mustang68

Did you received a VCAA letter for the claim for hearing loss or tinnitus? If you don't get a VCAA letter on a claim then the VA has violated their own regs. If it was an inferred claim you should have still got a VCAA letter.

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That's absolutely crazy! :lol:

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The sole and only reason that the judicial system exists in this country is to interpret laws, NOT TO MAKE THE LAWS, but only to interpret the intentions of the legislature (supposedly the intentions of THE PEOPLE, but, in most instances, big business and special interests groups, but, nonetheless....).

Time, this decision by the Court of Appeals for the Federal Circuit is in open contravention of the Constitution of the United States of America and would NOT stand scrutiny of the Supreme Court, but, unfortunately, it'll be one or more of US veterans that will have to spend the remainder of his/her life in limbo while their single attorney, the only one that they could get to take their case, fights this decision in the Supreme Court of the United States, taking, on average these days, 6 years from filing to hearing date, IF and ONLY IF, the Supreme Court deems it in THEIR INTEREST to hear the case.

Being that the Court of Appeals has decided in the VA's favor, AGAIN, the GOOD recommendation that we should be giving out on this site when it comes to "should I claim more than ONE issue when I file?" is ABSOLUTELY NO!

and, again, as Pete and John and Rentaldude, et al, have repeatedly pointed out:

GET A COPY OF YOUR C-FILE, NOW, AND READ IT, AND READ IT, AND READ IT!

AND, IF YOU HAVE ANY QUESTIONS ABOUT IT, THEN ASK THEM.

AND, BE AWARE OF DATES, OR, IF NOT, YOU ARE, WELL, YOU ARE SCREWED, BY THE VERY INSTITUTION THAT WAS CREATED TO MAKE SURE YOU DIDN'T GET SCREWED! :lol:

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The sole and only reason that the judicial system exists in this country is to interpret laws, NOT TO MAKE THE LAWS, but only to interpret the intentions of the legislature (supposedly the intentions of THE PEOPLE, but, in most instances, big business and special interests groups, but, nonetheless....).

Time, this decision by the Court of Appeals for the Federal Circuit is in open contravention of the Constitution of the United States of America and would NOT stand scrutiny of the Supreme Court, but, unfortunately, it'll be one or more of US veterans that will have to spend the remainder of his/her life in limbo while their single attorney, the only one that they could get to take their case, fights this decision in the Supreme Court of the United States, taking, on average these days, 6 years from filing to hearing date, IF and ONLY IF, the Supreme Court deems it in THEIR INTEREST to hear the case.

Being that the Court of Appeals has decided in the VA's favor, AGAIN, the GOOD recommendation that we should be giving out on this site when it comes to "should I claim more than ONE issue when I file?" is ABSOLUTELY NO!

and, again, as Pete and John and Rentaldude, et al, have repeatedly pointed out:

GET A COPY OF YOUR C-FILE, NOW, AND READ IT, AND READ IT, AND READ IT!

AND, IF YOU HAVE ANY QUESTIONS ABOUT IT, THEN ASK THEM.

AND, BE AWARE OF DATES, OR, IF NOT, YOU ARE, WELL, YOU ARE SCREWED, BY THE VERY INSTITUTION THAT WAS CREATED TO MAKE SURE YOU DIDN'T GET SCREWED! :lol:

Only Congress can change this now because there was not an appeal to the supreme court.

The story from VA Watchdog here: http://www.vawatchdog.org/nfDEC06/nf122406-4.htm

However, I agree with john999 that 68mustang should have gotten a VCAA letter if there was an infered claim so he could supply evidence in support of the claim. This would be his avenue to pursue. I don't see how the VA could infer and deny a claim without the veteran knowing there ever was a claim. That said, we know the VA is not above such tactics.

There is the chance that the RO is mistaken and there never was a claim, infered or otherwise, for hearing loss. It seems a good chance as the RO is not known for following the law and opening infered claims when they should. They did not open a claim for TBI in my case after I was diagnosed with inservice TBI by a C&P Doc. Instead they denied my MDD claim because the MDD was "caused by a head injury in service".

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I say again that when you file multiple claims you need to get a VCAA letter that addresses all the claims. If you don't get that letter then you can almost rest assured that the claims that are not referenced in the VCAA letter are going nowhere, and may just die.

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i turned in a multi claim [14] at once because my poa said to do it as well as hadit members.i received a vcaa letter addressing all.but i had c and p exams for only 3. any input on this? i'm told my claims are at the rater...4 months now.

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i have multiple claims at the ro does this mean , like if i file for an increase it is

denied and i file for arthritis it is automatically denied? i really do not under stand

this.

oh after reading it says if acts on one claim and doesnt act on others they are deemed denied,but dont they have to notify you?

Edited by skunk

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i turned in a multi claim [14] at once because my poa said to do it as well as hadit members.i received a vcaa letter addressing all.but i had c and p exams for only 3. any input on this? i'm told my claims are at the rater...4 months now.

I think multiple claims are fine for those that know these VA dirty secrets. You just need to be on top of it when you get a decision, favorable or unfavorable, on any of them so that the rest do not get swept under the rug. If any claim is not mentioned in an award or denial letter, send in a quick NOD for them.

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I think multiple claims are fine for those that know these VA dirty secrets. You just need to be on top of it when you get a decision, favorable or unfavorable, on any of them so that the rest do not get swept under the rug. If any claim is not mentioned in an award or denial letter, send in a quick NOD for them.

thanks..i'll be on top with an appeal or nod the second i get word.

Edited by simple fly

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ok if you send in nod while claim is being processed saying if denied i

want to file nod if denied would thet hold up?

you know a pre-nod so to speak!

Edited by skunk

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No, Skunk, you'd just confuse the already confused.

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No, Skunk, you'd just confuse the already confused.

i am sending my pre-nod in saying any deemed denied claims i have filed for

are nodded as of now . i am not going to let the bas----s

screw me on a technicality

Edited by skunk

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i am sending my pre-nod in saying any deemed denied claims i have filed for

are nodded as of now . i am not going to let the bas----s

screw me on a technicality

NOOOOOO!!!!!!!!

had to get your attention. This is a really bad idea. First, it will stop any progress on your claim because they will have to track your c-file down to add your "statement in support of claim" to it (and that is exactly what it will be considered). Second, like Larry said, it will only confuse them (which is why it will be viewed as a statement in support of claim). Lastly, it will serve no purpose. You cannot disagree with a decision that has yet to be made. You have to be very, very specific with a NOD, unless you just want another cut and paste denial letter.

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NOOOOOO!!!!!!!!

had to get your attention. This is a really bad idea. First, it will stop any progress on your claim because they will have to track your c-file down to add your "statement in support of claim" to it (and that is exactly what it will be considered). Second, like Larry said, it will only confuse them (which is why it will be viewed as a statement in support of claim). Lastly, it will serve no purpose. You cannot disagree with a decision that has yet to be made. You have to be very, very specific with a NOD, unless you just want another cut and paste denial letter.

you caught me just in time i will take your advice,but i am pissed with that court

decision.

Edited by skunk

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you caught me just in time i will take your advice,but i am pissed with that cavc

decision.

It's not a CAVC opinion, it's a Federal Court of Appeals decision; one step higher than CAVC. Be sure to remember this the next time you vote for US Representatives, US Senators and the President. They are the ones who appoint these morons who think it is ok to legislate from the bench.

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How do we know this decision will become common practice thoughout the VA? It is going to create chaos. If they do the denial thing it will make writing NOD's difficult because you won't know why your claims were denied. If you have five claims and one is denied you have to assume the others were denied, but you have no idea why? How can you write a decent NOD. If you do write a generic NOD will you get back a SOC that is specific to all the denied claims? I get a feeling the denied claims will be lost in space. I know why they did this move because the VA pushed them to do it to cut down on the paperwork to write denials for veterans filing large numbers of claims. I think this is something that younger vets are doing now since they are better prepared than us old guys. I think in reality it is unworkable, and does not allow due process.

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All I can say is "they sure screwed up". Of course, this will just make the utterly ridiculous seem simply sublime. And provide more income for lawyers..............wait, you don't think that those lawyers who become judges...................naw, what a silly assumption on my part.

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so basically from now on vets will have to carefully screen their claims to make sure that only one medical condition is mentioned per claim to make sure this doesn't happen???? so that there are no assumptions made by the ROs???

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How do we know this decision will become common practice thoughout the VA? It is going to create chaos. If they do the denial thing it will make writing NOD's difficult because you won't know why your claims were denied. If you have five claims and one is denied you have to assume the others were denied, but you have no idea why? How can you write a decent NOD. If you do write a generic NOD will you get back a SOC that is specific to all the denied claims? I get a feeling the denied claims will be lost in space. I know why they did this move because the VA pushed them to do it to cut down on the paperwork to write denials for veterans filing large numbers of claims. I think this is something that younger vets are doing now since they are better prepared than us old guys. I think in reality it is unworkable, and does not allow due process.

Thanks to all of you for your responses. I went to the DAV this morning for help with denied claim for hearing loss. Last night through IRIS I sent a request for my c-file and a copy of the 2007 "phantom" denial letter for hearing loss. I don't believe that the denial letter ever existed. DAV rep. told me that when I receive the documents to go back and we'll see what we need to do. I feel that it we be an uphill battle, but I am up for it. I am not going to let the VA get away with an inferred hearing loss claim if that is what happened. Plus I will be sending a letter to my Congressman about the VA'S "Deemed Denied" ruling from 2006. I read the the info on the ruling and all I saw was that if multiple claims were made and if one was denied all others would be deemed denied. In my case I only filed for tinnitus and not for hearing loss. The tinnitus claim was approved and there is no paperwork denying a hearing loss calim. Again thanks.

68mustang

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so basically from now on vets will have to carefully screen their claims to make sure that only one medical condition is mentioned per claim to make sure this doesn't happen???? so that there are no assumptions made by the ROs???

Yuppers, that's the way it looks to me.

Just more darn paper to shredd. :lol:

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Mustang, I don't know for sure about your VARO, but the one in Louisiana would not accept a request for a C-file through IRIS. They insisted on written notification, not electronic. You may want to call and check, but I'd do it via certified mail if I were you. The reason for that is that when the file never arrived after almost a year, I had to send copies of the green card that verified the VARO received the request, and the date they received it, to the Office of the General Counsel. I also included printouts of follow-up IRIS inquiries over eleven months in which the VA confirmed they had the request and would get around to sending it when they're not too busy, etc.

Even then, when I reviewed the file when it finally got here, the OGC wrote to the VARO that the veteran "allegedly" requested the file in January 2007. There was no "allegedly" about it, the black and white evidence was staring them in the face.

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Mustang, I don't know for sure about your VARO, but the one in Louisiana would not accept a request for a C-file through IRIS. They insisted on written notification, not electronic. You may want to call and check, but I'd do it via certified mail if I were you. The reason for that is that when the file never arrived after almost a year, I had to send copies of the green card that verified the VARO received the request, and the date they received it, to the Office of the General Counsel. I also included printouts of follow-up IRIS inquiries over eleven months in which the VA confirmed they had the request and would get around to sending it when they're not too busy, etc.

Even then, when I reviewed the file when it finally got here, the OGC wrote to the VARO that the veteran "allegedly" requested the file in January 2007. There was no "allegedly" about it, the black and white evidence was staring them in the face.

Thanks vaf. You are right I should request it by certified mail. I did know that it might have to be requested by mail. Lets see what the response is through IRIS. I am still within the time limits to file an NOD if I have to.

68mustang

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It's not a CAVC opinion, it's a Federal Court of Appeals decision; one step higher than CAVC. Be sure to remember this the next time you vote for US Representatives, US Senators and the President. They are the ones who appoint these morons who think it is ok to legislate from the bench.

Yep, contact Reps and Senators. But the focus should be on getting them to re-write the law and include terminlogy to it that the veteran must be notified of ALL denials. The new law should be retro-active to include past claims.

No denial letter should = no denial.

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Yep, contact Reps and Senators. But the focus should be on getting them to re-write the law and include terminlogy to it that the veteran must be notified of ALL denials. The new law should be retro-active to include past claims.

No denial letter should = no denial.

See if you all can open the following report at this web site:

http://www.va.gov/Vetapp/ChairRpt/BVA2007AR.pdf

Board of Veterans' Appeals

Report of The Chairman

Fiscal Year 2007

Read page eight it addresses the issue of claims being "deemed denied". Please let me know after you read it what you think. Thanks.

68mustang

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I think that happened to me before. Years ago, I had filed a claim through a vso who 'generically' used cover all wording 'just in case' a related condition or unidentified condition existed and was found during a c&p. The claim submmitted was for 'Back and leg problems' I didnt think about it until va titled the 'claim for 'lumbar' . Yup, changed words. Lumbar 0%, legs ignored. Both are SC now. I had to learn the hard way to 'tell the va what I am claiming for' One' condition at a time, medical term 'simplicity', 'lumbar', 'veins', depression' etc. Newer Vso has submitted two claims (different conditions) for me within a few weeks, sayin' 'they dont read minds' or know current health. true, both worked.

Best to ya,

Back to reading my Cfile, again,

Cg'up2009

Larry J to answer your questions below. The denial that I received this past month mentions that I had previously file for hearing loss in 2007 . I never filed for hearing loss at that time. In 2007 I for filed tinnitus and not for hearing loss. The tinnitus claim was awarded and the award letter did not make any mention of a denial for hearing loss. If there had been documentation of a denial for hearing loss I would have quickly file an NOD. I believe the VA has made a mistake in saying that a non existent hearing loss claim from 2007 precludes me from using the doctor's report that was used for tinnitus in 2007.
Edited by cowgirl

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See if you all can open the following report at this web site:

http://www.va.gov/Vetapp/ChairRpt/BVA2007AR.pdf

Board of Veterans' Appeals

Report of The Chairman

Fiscal Year 2007

Read page eight it addresses the issue of claims being "deemed denied". Please let me know after you read it what you think. Thanks.

68mustang

After reading it, it appears to me that they are stating that a claim cannot be deemed denied until it actually IS denied by the RO in communications with the claimant, and reverses the prior ruling.

"The CAVC reasoned that if a claim could be

denied sub silentio by failing to be addressed by VA when deciding other contemporaneous

claims, the veteran would have no reason to know that the claim had been decided. As

such, the CAVC interpreted Deshotel to mean that an RO decision may only constitute an

adjudication of a claim where the RO decision addresses the claim “in a manner sufficient for

a claimant to deduce that the claim was adjudicated.”Consequently, the CAVC held that a reasonably raised claim remains pending “until there is

either recognition of the substance of the claim in an RO decision from which a claimant could

deduce that the claim was adjudicated or an explicit adjudication of a subsequent “claim” for

the same disability.”"

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a while back my senator liason called for me and said they had made a decision

on december 19 . i have called and they said no decision has been made . got

me to wondering since this deemed denied thing has come up . i wonder if they

made a decision on one claim ,havent notified me while the other claims are being

processed. they also sent me a form to ask if i wanted a 30 day delay and i sent

it in saying yes i want the 30 delay to send more evidence . i have gotten two of

these. i have about 6 claims there . can i check if claim is processed or not?

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Larry, how can the CAVC reverse a decision from the Federal Court of Appeals? Do you mean that they interpret it a different way? I think that may even be a stretch since the decision is pretty clear in it's language. I wish I had some time to sink my teeth into this one right now...

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