tinnitus Va Turned Down Claim

[68mustang]

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

[gp747]

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?

[rentalguy1]

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...

[LarryJ]

Heck, Rentaldude, I don't know. I was just responding to 68Mustang's post wherein he listed this website that had the VA's report for the year 2007 to the Sec. of the VA.

that portion of the report to be found on page 8, to be more specific.................

[LarryJ]

Here's my smart-assed question concerning all this:

If, in fact, the VA can make a denial decision on one of several simultaneously-filed claims, thereby rendering ALL the simultaneously-filed claims denied, or null and void, then what happens when they make a FAVORABLE decision on one of several simultaneously-filed claims.

Does that mean that ALL the claims are favorably decided?

No, of course not, even when the vet is awarded on ONE claim of the simultaneously-filed claims.....it STILL means the others that are not mentioned in the award letter...........are STILL denied!

Now, folks, ain't that a crock?

[68mustang]

The following web sites have some info on deemed denied decisions.

They might be of some help to veterans. Please read them and let me know what you all think. Thanks.

68mustang

https://www.judicialview.com/ajaxupload/upl.../1205426621.pdf

http://www.va.gov/vetapp08/files1/0800024.txt

Edited January 8, 2009 by 68mustang