Question About Claim And Potential Cue Claim

[Okichewy1]

I was wondering about a denied claim I had in 2012. I submitted for tinnitus and hearing loss. The VA sent me to a private audiologist for my C&P exam. He stated that he reviewed my SMR's and I didn't have tinnitus or hearing loss while in service. Claim denied.

I didn't really know any better so I let the claim close without appealing.

After some digging and researching, I found where my medical record noted tinnitus 2 years prior to me retiring. Also had 3 significant threshold shifts and a baseline adjustment while in service. I also found the VA FAST Letter 10-35 about hearing and tinnitus. I was a engineer equipment operator in the Marines. The private audiologist never mentioned any of my MOS's or weapons and acoustic noise that I was around. Also I found VA Training Letter 10-02 which talks about hearing loss and tinnitus.

I submitted a re-open claim for both in 2014, went to a VA audiologist that stated it should be S/C and also had a NEXUS letter from a private audiologist back up the VA doctors findings.

If the VA doesn't CUE this themselves, do I have a good chance at a CUE since the VA TL 10-02 states "If STR's mention a complaint of tinnitus and the veteran claims tinnitus and has current complaints of tinnitus, a MO regarding possible causation is not required. S/C can be established without an opinion about the specific cause of the tinnitus because it began in service".

To me, the VA totally disregarded this training letter dated in 2010.

I just received my C-file on CD and found in the C-file where the tinnitus is in there in my STR documents.

I am patiently waiting for this claim to complete and see if they fix it themselves, but if not, could this be a CUE claim?

I have had 3 RO CUE claims already go in favor of me over the past 5 years.

[Berta]

Can you cover the personal info with some index cards or slips of paper, prior to scanning it ...cover your C file, name, address too.

You can then attach it by using the "More reply options" button to the lower right of the reply area.

[DavidinNC]

Hello,

I have attached a PDF file of the narrative.

CUE submission 04092015.pdf

[DavidinNC]

Berta,

Thanks for taking the time to look at all this and give me some advice. One other question is if they do agree, do you think they will go back to 1996 at 40% or 20%? The reason I ask is I received the 20% back in 1995 as a default to receive education benefits (which they later took from me), and in 2010 when I filed they failed to reschedule my compensation interview. I received a call on a Friday notifying me the appointment was the following Monday. I informed them I had to leave Saturday for an international business trip and asked to be rescheduled. I was told it would be, but then I received notice I "failed" to appear for the review hearing. How is best to recover from these lies?

[DavidinNC]

Does anyone have any comment on the CUE?

[broncovet]

This Cue sounds pretty straight forward and, good to me.

[Okichewy1]

Just waiting on claim now, it has been in preparation for decision since 16 June, but my CUE was added to my existing claim and that one had about 20 different contentions on it. When they finally received the CUE claim, it only took them about a week and a half to go from gathering of evidence to preparation for decision again.

Will post decision when completed.