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    • TY Berta,  Long reply I know and am sorry but hoping the detail will help. When they awarded the 70% ,did they send you a TDIU form or suggest that you apply for TDIU in that decision? If not, did they give you a reason , such as maybe you were employed at that time. I don't think so I would have to go back to the letter and see which I will. If they didn't it was never mentioned to me by anyone until I got the new SVO In 2016. I was not working I have not been able to work since 1997 but didn't know I could file with the VA. Do you receive SSDI and is that solely for the Major Depressive Disorder? If so was VA aware of that SSDI award? And if so, what was the date of the SSDI award and what was the SSDI EED? Were you ever turned down after applying for VA Voc Rehab, solely due to you SC disability? If so did VA know that as well? The answer to these is no. I learned about my ears and my rights from an older vet I happened across who saw me trying to clear my ears he told me what it was and explained it to me thus I went and filed a claim with the VA and got set up with the VA Hosp,didn't even know until then I could go to a VA Hosp.I had been unemployed since 1997. This was on 8/16/2016. I hired the DAV to help me after I filed and became homeless. That was in Jun of 2013.  I received the decision and retro pay Nov 1 2013. They gave me 70% Mental and none of the physical so I appealed and got busy pulling all my records to send them I got a place to Live in SC and changed SVO at that time. I had already filed my appeal on my own I did not know about TDIU so I didn't ask for it.   I have several medical conditions that I know are SC Stomach Issue Test show an Erosion Diagnose while I was in AF and told it was nervous stomach, Had 2 Endoscopes at VA hosp both show I still have the Erosion now on daily meds for it but they denied it as SC.  Hearing loss and tinnitus proved SC I thought Entrance exam showed good hearing AF exam 1 1/2 yrs after I joined states reason for exam being assigned to a noisy duty area stated no hearing protection issued, showed good hearing exit exam show hearing loss, they said I had not complained about it I thought the noisy in my ears was normal had it so long, and was told at discharge nothing could be done for my hearing. Lastly Damage to my right arm and shoulder, AF Medical files show the accident where a 175 part fell on me and pinned me backwards on a concrete floor in the 80s, I was told when I was discharged 2 years later that it would get better over time it hasn't it has gotten worse VA Hosp shows I tore the tendon in my shoulder so long ago that it would have to be replaced and I would lose more range of motion with the repair, they denied it as a SC. I filed my NOD within the one year mark on ebenifits it shows this, but I know it was in 2014 I have copies filed away if needed. Decision                 Status                        Description                          Received 03/31/2016            Appeal Complete        Your appeal is complete.   Date not available I moved to Fla in 2015 which put me with a new SVO He reviewed my case and asked me if he could file for IU for me I said sure and asked why the DAV in SC didn't do that.He filed to have that added to my existing appeal 11/10/2015. On Ebenifits it show like it was put in as a new claim while my appeal was still being processed. Submitted          Type                          Closed                 UpdatesActions 11/10/2015          Compensation          05/23/2016         Attention: Development Letter SentDevelopment Letter Sent ·                                                                                       Attention: Decision Notification SentDecision Notification Sent                                                                                                                                                            View Appeal Status I did receive a very thick package denying my claims again which I immediately filled out NOD and took to my SVO who said to wait for the NOD until we got and answer on the IU. I never had another C&P for my NOD, They did do another C&P with a non VA Doctor for the IU I was give 70% paid at 100% P&T TDIU. The retro pay was only back to Dec 1 2015?             
    • Thanks for the education! I aways grab my card if I have a dental antibiotic drugs at Walmart, but so far it hasn't done anything but waste my time, so I pay the Walmart $4/drug charge (and I hear VA drugs where I'm at are cheap substitutes with many side-effects.) I don't think any medical service would opt to work with the VA's paperwork, delays, and incompetence: but I don't know for a fact. But some health care providers I have heard will give you free services if you don't make them work with the VA, ha ha.
    • MyHealthVet lists your upcoming appointments under the "Get Care" tab. When you check into the clinic, if your clinic does electronic check in with your VA ID card it also lists all your appointments for the day or it says "No Appointments Scheduled".     
    • I have asked if this is CUE on here before, but I have since received my C-file and am able to upload my C&P exams. I was initially denied PTSD in 2009. I was awarded 50% in 2015. I have filed a NOD on the rating and effective date last month and made inquiries to a lawyer to handle my claim. The problem is it doesn't seem like CUE to me as I understand the definition. I was diagnosed with adjustment order in 2009 and then PTSD in 2015. The main reason I would like to try for an EED is the last paragraph of the 2015 C&P exam where the Dr. states: However, it should be pointed out that most of the symptoms the veteran described during today's MH examination, certainly those common to a PTSD diagnosis- she also described during her 7/8/09 Initial PTSD examination, in Oklahoma City Both C&P exams are attached. Any thoughts? 2009 C&P exam notes2.pdf 2015 - C&P exam Notes.pdf
    • Thanks Berta, and armorer!  armorer i don't know what her title is.  I guess I could find out when she does the report and I look it up.  

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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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