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    • NOD / DRO or TARP?
      Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments.  I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?.  Sorry, I can't be sure.
    • Dr Ellis IMO
      Thanks for the info Flores.  I actually called the clinic this morning.  I am in the process of gathering my records and will be sending them out hopefully by Monday.  They said that they are currently scheduling for the end of June, beginning of July.  The lady sounded very nice.  I am looking forward to meeting Dr. Ellis soon.   Good luck on your claim. Travis  
    • Pending Case Dispatch
      They said it was remanded back to the RO.
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Thanks all for the kind words. And yes I do sometimes feel that i don't deserve anything as i did not do combat. And there is way too many service men and women who have given up way more and come home with less than they left with. So it is even harder to stand up and ask for help when I see those Brothers in Arms coming home with severe injuries and some coming home with the Flag we all swore to defend. Thomas that road of drinking and drugs i went down and it almost destroyed my whole family. And after spending 30 days locked up in a rehabilitation hospital i don't care to go back again. I have been sober now for over 2 years have not had a drink and don't miss it none at all. I still pain medications but the VA limits that now and I have to sign that contract every month to get it. I do want to mention something I feel is Good News... As I look at the eBenefits website almost constantly to see if any changes are made. Good news tonight when I looked at it as one of my Open Claims is now in the Notification Stage. And then I looked to see and they had approved my second application to include my wife and kids on. Of course my daughter is in college and my son is 25 now, which they did not accept him as a dependent. That means they may have approved my Claim for Depression and Anxiety. But most likely they are going to a New condition and I will have to fight for the back pay. But since my previous Claim is in the DRO stage and I am awaiting the outcome of it. This new claim for Depression should move over to it now and be included. Is that correct as I can't file another NOD on it til the DRO issue's a SOC first. Anyways here a screenshot of them accepting my wife and daughter as dependents and also a screenshot of the awaiting Notification letter to be delivered. . 
    • NOD / DRO or TARP?
      After some digging, I was not able to find my complete original 2009 decision. I did however find my PTSD appeal decision from 2011 and the rating part of my 2009 letter. I must have separated the 2009 letter at some point to prove I had a 10% service connection, but didn't want them seeing the notes. I hope this is enough to maybe point a path. I can't express how much I appreciate what you guy's are doing here. I have never been comfortable sharing this stuff with anyone, To the point that I have been doing this with just my husbands help because I did not want to talk to a VSO that I don't know. But I see on here that everyone is helping everyone fight the same fight. Thank you very much!  In reference to the previous questions: It appears I did file the DRO route, and no, I did not continue the appeal to the BVA. I actually found where I started to fill out the VA form 9, but I was so fed up with the OKC VA back then that I must have said "screw it". Big mistake on my part I know. Appeal Decision 2011.pdf Original Rating 2009.pdf
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      ardodd I agree with pete992 My fellow Veteran Brother Never give up on your claim. you don't have to be a combat veteran to file a claim.   you served and did your time  your a veteran just like the rest of us  so if you have a disability to claim...by all means claim it. These claims are never a piece of cake or sure thing ,we all have to fight for what we get with our str's and..medical evidence and good favorable Dr reports (VA or Private)are great to have  its hard for them to deny that kind of evidence. Now with that said ts been known that some veterans have had all the evidence and medical records under the sun to prove there claim and VA still deny's them! eh! (VA don't read all the necessary Documents some times) So the fight is on and some claims take less and some takes a long ass time. If you get denied  they usually will send you the reason why and send you a NOD (notice of disagreement) to dispute what they denied and you can add more evidence and lay statements.(WITHIN A YEAR) Just ask your questions here on Hadit  and some of the elder members with a lot More & good experience and knowledge of VA Claims can help you. Remember Knowledge is Power! And I my opinion that's what we all Need to fight our claims. Don't sale yourself short Buddy.   ........Buck
    • Progress is Progress - However so Slight ;)
      Texas Marine, at this point it might be worth a shot to call the Office of Case Management, try this number-(202)-930-5470, they should be able to give you up to date information and speed things up possibly. Did you have a video teleconference hearing before a VLJ? That is a long time, I had my video hearing at the RO in June of 2015, I believe on the 22nd, by the 17th of August I had the decision from BVA. I hope that they can provide some help and speed up the process!! If that doesn't work, it might be time to send an email to the VA Secretary. Best of Luck to you!!
    • Dr Ellis IMO
      Let me add, after our appointment, it took a little over a week for me to receive the completed IMO. I am on heavy pain meds right now and making less sense than usual! So, first call the clinic, tell them you are interested in obtaining an IMO from Dr Ellis, they will send you the application, after you complete the application(include it in your packet), and gather all of the records you are going to send, including the Summary of Records list, send it off, they will call you as soon as they receive it and usually the appointment timeframe is anywhere from 1 1/2-2 months after they receive your packet. However, after the appointment you will receive the complete IMO usually within 2 weeks, max.

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Davo68

Davo68 - New Member With Questions

17 posts in this topic

I'm new to this site, very helpful and informative reading. I filed a claim in early January 2013 and have been going through the process. My claim is for hearing loss and had an audioligy exam by the VA at their hospital in Bonham Texas and at one point my claim was at the Reviewing Evidence stage, it was then sent back to the Gathering Evidence phase and turned over to VES. I was contacted by VES and underwent another audioigy exam. A few questions:

1) Since I was sent for another hearing exam after the evidence was being reviewed stage can I assume that the SC aspect was not an issue?

2) My claim was for Hearing Loss, but the VES examiner also checked out my tinnitus and asked asked a lot of question with regard to the tinnitus. Do i need to file a seperate claim for the tinnitus?

3) If I file for tinnitus will it slow my current claim decision?

4) I am not using a VSO for this claim, should I get VSO support at this stage?

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Welcome.

I moved for post.

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1) Since I was sent for another hearing exam after the evidence was being reviewed stage can I assume that the SC aspect was not an issue?

Do not assume service connection is not an issue. Exams are ordered for specific reasons: to evaluate if the Veteran has a current diagnosis of the claimed condition, to determine if the Veteran's current condition is caused by or due to his/her military service, and to get a nexus linking the Veterans current condition to their military service.

you may have had to go to another exam for a variety of reasons.- the first examiner may not have reviewed your cfile, they may not have addressed tinnitus like they were suppose to, they may have never released the exam and the RO could not get the report and it had to be re-done, the examiner may have been on leave or no longer is employed by VA and never released your exam- there may have been conflicting report of findings that needed clarification, she may have stated her opinion would be speculative - on and on there are so many reasons to be reexamined. Apparently, the VSR or rater needed something to help decide your claim.

2) My claim was for Hearing Loss, but the VES examiner also checked out my and asked asked a lot of question with regard to the tinnitus. Do i need to file a seperate claim for the tinnitus?

The DBQ Audio examination which is mandatory for the examiner to complete, also includes a section for tiniitus. Tinnitus is automatically addressed whether or not it is claimed by the Veteran. If at the time of the exam you tell the examiner you suffer from tinnitus, the examiner will provide his opinion whether or not your current tinnitus is related to your military service, and provide the usual, is less likely than not related to military service, or as likely as not related to military service. If you tell the examiner you do not have tinnitus, the examiner will note on the DBQ exam you have no complaints of tinnitus.

The raters will look at the DBQ. If the examiner says less likely than not related to military service, tinnitus will not be addressed in the decision. If the examiner says you have tinnitus and it is more likely than not related to your service, you will be service connected for tinnitus without ever filing a claim.

3) If I file for tinnitus will it slow my current claim decision?

You do not need to file a claim for this now. It was addressed at the time of your examination. If you file a claim, the VSRs have to send you new due process letters of acknowledgement, and yes it will slow your claim down.

4) I am not using a VSO for this claim, should I get VSO support at this stage?

Personally, I am not in favor of VSO representation however, there are some good ones and some not so good. I find HADIT to be very good at providing advise over the years and there is more knowledge on this board than you will ever get from a 15 minute visit with a VSO. Per advise from HADIT I asked my original VSO to send in my claim for IU, with my original claim for compensation. She did not do it, as a matter of fact- she lied to me and said she did. When my rating was completed, IU was not addressed even though I was 60% for one condition and eligible for IU. I submitted the IU paperwork on my own, and within six months I had IU, but my effective date has been on appeal since 2010. So I do not trust VSOs to do what you ask them to do, they seem to think they know more than we do, which is not always the case. I have always used this website for my own VA compensation claims.- jmho

Edited by harleyman

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1) Since I was sent for another hearing exam after the evidence was being reviewed stage can I assume that the SC aspect was not an issue?

Do not assume service connection is not an issue. Exams are ordered for specific reasons: to evaluate if the Veteran has a current diagnosis of the claimed condition, to determine if the Veteran's current condition is caused by or due to his/her military service, and to get a nexus linking the Veterans current condition to their military service.

you may have had to go to another exam for a variety of reasons.- the first examiner may not have reviewed your cfile, they may not have addressed tinnitus like they were suppose to, they may have never released the exam and the RO could not get the report and it had to be re-done, the examiner may have been on leave or no longer is employed by VA and never released your exam- there may have been conflicting report of findings that needed clarification, she may have stated her opinion would be speculative - on and on there are so many reasons to be reexamined. Apparently, the VSR or rater needed something to help decide your claim.

2) My claim was for Hearing Loss, but the VES examiner also checked out my and asked asked a lot of question with regard to the tinnitus. Do i need to file a seperate claim for the tinnitus?

The DBQ Audio examination which is mandatory for the examiner to complete, also includes a section for tiniitus. Tinnitus is automatically addressed whether or not it is claimed by the Veteran. If at the time of the exam you tell the examiner you suffer from tinnitus, the examiner will provide his opinion whether or not your current tinnitus is related to your military service, and provide the usual, is less likely than not related to military service, or as likely as not related to military service. If you tell the examiner you do not have tinnitus, the examiner will note on the DBQ exam you have no complaints of tinnitus.

The raters will look at the DBQ. If the examiner says less likely than not related to military service, tinnitus will not be addressed in the decision. If the examiner says you have tinnitus and it is more likely than not related to your service, you will be service connected for tinnitus without ever filing a claim.

3) If I file for tinnitus will it slow my current claim decision?

You do not need to file a claim for this now. It was addressed at the time of your examination. If you file a claim, the VSRs have to send you new due process letters of acknowledgement, and yes it will slow your claim down.

4) I am not using a VSO for this claim, should I get VSO support at this stage?

Personally, I am not in favor of VSO representation however, there are some good ones and some not so good. I find HADIT to be very good at providing advise over the years and there is more knowledge on this board than you will ever get from a 15 minute visit with a VSO. Per advise from HADIT I asked my original VSO to send in my claim for IU, with my original claim for compensation. She did not do it, as a matter of fact- she lied to me and said she did. When my rating was completed, IU was not addressed even though I was 60% for one condition and eligible for IU. I submitted the IU paperwork on my own, and within six months I had IU, but my effective date has been on appeal since 2010. So I do not trust VSOs to do what you ask them to do, they seem to think they know more than we do, which is not always the case. I have always used this website for my own VA compensation claims.- jmho

Harleyman, thanks so much for your reply post, what a fantastic site! Just hope I can help someone through my post. Thanks again!

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I'm new to this site, very helpful and informative reading. I filed a claim in early January 2013 and have been going through the process. My claim is for hearing loss and had an audioligy exam by the VA at their hospital in Bonham Texas and at one point my claim was at the Reviewing Evidence stage, it was then sent back to the Gathering Evidence phase and turned over to VES. I was contacted by VES and underwent another audioigy exam. A few questions:

1) Since I was sent for another hearing exam after the evidence was being reviewed stage can I assume that the SC aspect was not an issue?

2) My claim was for Hearing Loss, but the VES examiner also checked out my tinnitus and asked asked a lot of question with regard to the tinnitus. Do i need to file a seperate claim for the tinnitus?

3) If I file for tinnitus will it slow my current claim decision?

4) I am not using a VSO for this claim, should I get VSO support at this stage?

1) it is likely that the first exam was insufficient or they are seeking a medical opinion

2) When they examine a Veteran for hearing loss they also examine for tinnitus both conditions are on the same DBQ because they are interwined.

3) You do not need to file a claim for tinnitus as I said in number 2, they are intertwined if you have hearing loss audiologist is also required to determine whether your tinnitus is a symptom associated with hearing loss and/or whether your tinnitus has the same etiology as the hearing loss (i.e. due to military noise exposure or acoustic trauma)

4. Having a VSO is good to have because they have easier access to VA than you do. They can initiate the review of your decision and determine whether there is error in the decision before the decision gets to you. If you have VSO VA sends them a copy of the rating decision and reviews the decision. They have a couple of days to look through the decision and if they agree then VA goes ahead and sends you the decision. Another reason that it is good to have a VSO is that VSOs are trained with the same laws and regulations that VA adjudicators have been trained on so they know exactly what to look for in the decisions.

Edited by sambo808

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Thanks Sambo808, good information. Sounds like the VSO can be beneficial depending on the VSO. I appreciate the input. I did speak to one VSO and the input I've received from this site was much more informative than the input I received from them. The two replys I have received from this site both stated that the tinnitus would be automatically considered due to the hearing lost claim and the examiner's input concerning tinnitus. The VSO I spoke to said I should submit a tinnitus claim even though I have a Hearing Loss claim in.

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Received some very good information but would like to take this a step further. Trying to figure out if there would be compensation involved based on my hearing results, seemd like most Vets get denied. Not sure how to interpet the audioligy report so will pride some data and see if anyone can determine what my numbers would represent with regard to compensation per centage.

Right ear

500 1000 2000 3000 4000 6000

10 60 65 80 95 95

Left Ear

500 1000 2000 3000 4000 6000

15 50 85 90 105+ 95

The more confusing part

Right Speech Recognition

PBMAX 84

Level 75

ML 40

Left Speech Recognition

PBMAX 72

Level 75

ML 40

Any help here would be greatly appreciated.

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Are these the results from your C&P exam? Or are these results from someone else? If they are the exam have you received your decision? If it's just the C&P report what does the opinion statement say?

The higher the number on the ear decible the worse the hearing. The rater puts these numbers in the evaluation builder and it will tell him the level of the disability. Raters used to use charts, they still have the charts, but the eval builder is much easier. The eval builder also spits out all the verbage that goes into the decision letter so the rater doesn't even have to type anything, just some data entry.

The question I have is, did you get service connection for the hearing loss and tinnitus? Based on these number you should have been hooked up for hearing loss if you have a nexus from the examiner.

There should be an answer to the 50/50 question. Is the Veteran's hearing loss at least as likely as not related to his military service? Also, the opinion statement for the tinnitus.

Edited by harleyman

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Are these the results from your C&P exam? Or are these results from someone else? If they are the exam have you received your decision? If it's just the C&P report what does the opinion statement say?

The higher the number on the ear decible the worse the hearing. The rater puts these numbers in the evaluation builder and it will tell him the level of the disability. Raters used to use charts, they still have the charts, but the eval builder is much easier. The eval builder also spits out all the verbage that goes into the decision letter so the rater doesn't even have to type anything, just some data entry.

The question I have is, did you get service connection for the hearing loss and tinnitus? Based on these number you should have been hooked up for hearing loss if you have a nexus from the examiner.

There should be an answer to the 50/50 question. Is the Veteran's hearing loss at least as likely as not related to his military service? Also, the opinion statement for the tinnitus.

Harleyman, thanks for the quick reply. The numbers came from an exam by the VA, and they did provide hearing aids, which don't help alot. I had an exam through the VES for my claim a month ago but have not received a copy of the exam/report yet. My claim is at the gathering information stage after being kicked back from the reviewing evidence stage. I'm assuming the VES exam is the same as the C&P exam. With the above numbers, do you have an idea of the per cent determination?

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I am at home and I don't have that information available to check it out. I am sure someone here on Hadit has the charts or maybe there is someone who can access their evaluation builder and check it out. I really don't even want to guess on it, but some of your numbers are really high, and your speach recognition also is taken into the consideration on this.

Hang in there is won't be that much longer. I am much more worried that they provided the nexus to service connect the hearing loss to your militaray service resultng in a grant of benefits.

Edited by harleyman

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I wouldn't submit anything else. wait for your rating decision. What I believe you should be concerned about is the minimal loss in the 500 block of each ear. The regulation states that you need at least a 40 in those blocks. You may have enough with the huge loss in your ears at the other levels.

Good luck!

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Have requested a copy of my C&P report (several weeks ago) but have not received it, did get an acknowledgement of my request.

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Have requested a copy of my C&P report (several weeks ago) but have not received it, did get an acknowledgement of my request.

Thanks to all, received by new SC rating, received 50% for hearing loss and 10% for tinnitus, this added to previous SC of 20%, more than satisfied, wishing everyone success.

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WOW Congrats Dave!

Great news!

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WOW Congrats Dave!

Great news!

Thanks Berta and keep up the good work, I read a lot of your post and get a lot from them, Thanks again.

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Welcome to Hadit. Glad that you are satisfied with your rating.

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Congrats Davo68! That is good news, I thought the exam results were high but 50% for heaing loss means a substantial los in hearing. This can be difficult to deal with especially when dealing with spouses and family. Take care of your self, I hope hearng aids help with your loss. I am happy you are satisfied with your rating decision.- Harleyman

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