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Lucky Friday The 13th

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PCW

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My claim went to completed on Friday with the VA math number adding up 80%. I owe a big thank you to everyone that has contributed here, for without the combined knowledge of this forum my brief journey navigating the claim process probably would have been much harder and longer. I am a 70 year old Nam Vet who earlier this year decided to face the demons that have been following me since 1966. More important than my claim success is that I am now in treatment and learning to deal with my PTSD and related mental health issues. 

My disabilities are broken down as follows:

PTSD - 70%, Tinnitus - 10%, Skin conditions (Karatoses, Squamous Cell) - 0% SC, Scarring 30%, Bilateral Hearing Loss - Not Service Connected

I was surprised that the hearing loss wasn't service connected at least 0%.  My included service records clearly showed perfect hearing on my entrance exam and hearing loss on my exit exam. In fact I highlighted it to make it easier to find in the documents I submitted. I haven't seen my C&P but the examiner said I was borderline needing hearing aids. What's interesting is that in my statement of support letter I neglected to include a statement supporting hearing loss, Yet there was data in my service records to support it. My point here is that I believe the statement of support is as important, if not more so than any other evidence included in a claim. Skin conditions from sun exposure are notoriously difficult to prove, yet I believe I was successful in making the nexus via the support statement. I'm not going to further clog up claim pipeline by appealing the hearing decision as I'm not likely to die of hearing loss, and one must be almost totally deaf to be awarded a percentage.

In April 2015 I went to a mobile DAV office and submitted my intent to file. At that time my intent was to file for hearing/tinnitus and skin conditions. I also went to my primary VA doc and requested a mental health consult. The VA psychiatrist diagnosed me with PTSD under DSM-5 with some other mental health issues. I also started treatment in May with twice weekly appointments (group and one-on-one). I was hoping to get by without meds, but I am on currently on one now. On July 6th I traveled Los Angeles and submitted my paperwork for a first time FDC through the DAV and the paperwork showed up in ebennies under the unsolicited paperwork submitted with a time-stamp of 7/6. Three QTC C&Ps were scheduled for September (PTSD, Scars, Hearing/Tinnitus). with the last completed on the 23rd. Despite my checking ebennies twice daily my claim stayed in gathering of evidence until 11/12 when it changed to prep for decision, then on the 13th went to completed. The award has an effective date of 4/14 so it looks as if I picked up an extra 12 months of retro for a first time FDC. I will believe all this to be true when the retro hits the bank and I receive the BBE.

Here is a summary of paperwork submitted for each disability:

PTSD - All Va treatment records to date, 3 stressors all with supporting documents (dates, even a letter describing one 1970 incident to my then girlfriend (now wife)), and the dreaded C&P. I was under the mistaken assumption that I wouldn't have to delve into stressors during the C&P because I had Combat Air Crew wings awarded, but I was wrong. It was a long two hours.

Skin Conditions with Scaring Secondary - Treatment records both private and VA going back 7 years, A DBQ completed by a private PA (apparently accepted because I had no C&P for skin conditions), pictures dating back to 1960s working flight lines in shorts with no shirt (or hearing protection, lol), a 1976 picture clearly showing a squamous cell carcinoma on my lip, and a statement supporting noticing it in 1972. I was discharged in 1971. I did have a C&P to measure the scars.

Hearing/Tinnitus - Service record entrance and exit hearing exams, C&P exam - described when I first noticed the ringing in my ears, and how it affects me on a daily basis. Statement in support of tinnitus. I should have included a statement for hearing loss.

All that's left for me on this claim is a trip to Los Angeles to get a copy of the C&Ps to make sure the PTSD rating is the correct one. I have good days and bad days. Today the rating seems fair.

 

Once again, thanks to all who contribute here and thank you for your service.

  

 

 

 

       

Edited by PCW
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  • Content Curator/HadIt.com Elder

Congratulations!!!

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  • HadIt.com Elder

Yippp ya ho  great news.

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Congratulations and thank you for your service.

Semper fi.

GP

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WOW! That is great news to read here today and you sure had your ducks in a row and well armed with evidence....that is what it takes!

Personally I would appeal the HL tinnitus denial but you did Very well on this award. We have the VA training letters here on HL and tinnitus.....they could have impact on your appeal if they didnt apply them correctly.

But relax and enjoy this victory first!

You said:

"Skin conditions from sun exposure are notoriously difficult to prove, yet I believe I was successful in making the nexus via the support statement." You are right  and I feel many vets who had significant sun exposure in service and then related skin conditions that had no other possible nexus or etiology, should definitely claim them but I don't think many vets do.

I dont think 'sunscreeen' was even around during the Vietnam war.

This is what it takes to succeed in a FDC claim and then get a favorable EED.

"pictures dating back to 1960s working flight lines in shorts with no shirt (or hearing protection, lol), a 1976 picture clearly showing a squamous cell carcinoma on my lip, and a statement supporting noticing it in 1972. " Good evidence ! and the fact that you worked on a flight line with no hearing protection should have been a factor to appeal their HL, tinnitus denial, in my opinion....

When you can, will you scan and attach here the Tinnitus, HL Reasons and Bases? (Cover C file # etc prior to scanning)

." I'm not going to further clog up claim pipeline by appealing the hearing decision as I'm not likely to die of hearing loss,"

That is very gracious of you but you have every right to appeal the decision...VA created the backlog, veterans didnt.

I was reminded of a widow's case at the BVA many many years ago.

The veterans' only SC was severe hearing loss.He died of a NSC heart condition.

The widow prevailed however and was awarded DIC because she proved that the veteran's severe HL had affected his balance and mobility so much that he could not work and had become so sedentary that the lack of exercise  had contributed to his heart disease. I am sure she had a strong IMO to back that up as well.

That is a very unusual outcome to a HL SC veteran for sure,and this happened long ago but it shows again that evidence is everything

 

 

Congrats to you and I hope your success will encourage others here.

 

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Thanks Berta. I have a December appointment with my DAV rep in early December to go over the results of my claim. My hope is that he can pull up my C&Ps (done by QTC) and figure out what is up with the hearing denial as well as go over the PTSD C&P. I should get the BBE before Thanksgiving and I'll post their reasoning here. What is really puzzling about the denial is that I did receive 10% for Tinnitus.   

Edited by PCW
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