hearing loss Conflicting Documents for EED!

[Buck52]

I have conflicting reports in my C-FILE about my EED date on my first claim back in 1998..

They have me at 50% rating in  4-22-1998  on 5 different Documents and some with the on  official rating decision..to be 50% for hearing loss in 1998.

Then on another Document it has 0% Denied 1998.

And on another Document  it has SERVICE CONNECTION for hearing loss established 4-22-98

Then on another Document it has Service Connection denied  4-22-98

I started getting paid for 50% Back in 2000  not 1998.

And they have tinnitus a year established (granted) a year before I actually started receiving  compensation for tinnitus.

They have my Records all Screwed up.

I need to go to my Bank and ask to check my US Government Paid compensation records to see if I was paid for the 50% back in 1998 and also the year earlier for tinnitus @10%   I have used the same Bank for Direct Deposit since 1999...So 1998 won't be on there...I remember getting paid a monthly check for the 50& starting in June 2000  before I had the direct deposit set up..I had that set up in 2003  the year I was approved for TDIU P%T

 

Anyway since these Documents are conflicting  How would I prove the 1998 50 % AWard?  I have those Documents too!

What is hard to decipher here is  will they believe they just made a TYPO ERROR? and go with the June 2000 50% rating?  I have it for4-22-98 Too?

How do I prove the 1998 RATING OF 50% I never recieved compensation for?  =  Bank Records?

I been up all night & day trying to figure this mess out.

Something as screwed up as this  I don't know where to start   as for as filing for corrective EED.....Although I'll request a Review of this claim...because no NOD was ever filed....if they review or re-open?  they mail just tell me to go take a  flying leap in the lake   sorry your wrong were right.

Anybody dare to commit ...please feel free to  if this was you what would you do? forget it  or try to get it corrected?

..............Thanks

................................Buck

[Berta]

Buck, can you scan and attach that 2000 decision here? (Cover C file # etc prior to scanning it)

But be careful not to change the order of the C file (or VA med recs) I should talk----

I would pull something out of a pile ,copy it for some claim, and then forget to put it back in order so I started to-if I needed to pull something out ,make 2 copies-one for the VA crapola I was using it for and then one to go right back into the stack, because some documents, I wanted in a separate folder too that held my war plan.

It can be overwhelming to go through these records,.

 "if this was you what would you do? forget it  or try to get it corrected?"

If you feel they made an error, to your detriment, I would fight like Hell to get it fixed with every legal weapon in 38 USC/CFR that I could find.

My whole experience as a claimant has been built on that premise.

I learned if something does not seem right from the VA, it probably isn't correct at all.

What was the EED for the 2000 claim?

 

Prior to 2000 we had no VCAA rights but I assume they gave you full VCAA rights on the 2000 decision.

Buck I would take a break from this from time to time,if I were you, ..sometimes things look different when we do that.

I looked at and thought about a 1998 decision for years. MY former Vet rep told me not to NOD it.It was an award letter.

I actually believed he might be right ......for a while.

But it bothered me,for years,  so when I reopened my death claim for AO DMII,I filed CUE on the 1998 decision because it was all ass backwards, to my detriment. It only took until 2012 for them to award .5 CUEs I think,in the same decision... I posted all that info here before.

I used to get upset at VA stuff or even angry but it is more fun to calm down and then take action because if a claimant does not have PTSD already ,the VA can give it to them...

....of course I just say that,it isnt true but they gave me PMS......

(pissing and moaning syndrome) So I cured that myself by fighting back.

 

 

 

 

[armorer]

Too bad they didn't have ebenefits then. Electronic databases are good for old dui's, but bad for Vet's getting screwed by VA before ebenefits.

You are going about it the only way you can! Bank Accounts are the bottom line financially. 

[Buck52]

Ms berta

I'll sure try..I have the C-FILE CD-ROM and made a back up to its original condition the way they had it when it was sent to me IN MY LAP-TOP, I have the C-FILE CD put up for safe keeping  and I'll use the Searchable OPTICAL format.

IT's a program to where you can type in a word  or a date and it goes to all those with that word on it or date.

for instance I can now type in Rating Decision  ...and it brings up all the rating decision in the C-file..or I can type in 1998 & It brings up all the 1998 Documents   anything with 1998  on it.

I did this to make it easier to find something in  my C-file...not that my C-file is that big  but just makes it a lot faster to find something   or  other wise I'd have to scroll through all the pages to find it.

This claim with EED Issue is my Noise Induced hearing loss from my military service  the decision in 2000 is for hearing loss & tinnitus 50%...I had a C&P back in 1999.early 2000? I'll check on the exact dates  I had requested a INCREASE...the examiner said his audologist said I was not cooperating in the hearing test  and he went back into my Cfile back then  to discredit my statements and a few other things .

anyway I had to get an IMO from a Private specialist ENT Board certified..and requested a DRO hearing  the DRO never believed the VA C&P Examiner  and went with my IMO Specialist  and said a increase is warranted and not a decrease as the VA Examiner had mention in his report.''this veteran should never been service connected in the first place and from my reading of his C-FILE he was given a Hearing test using VA Guidlines and at the time of his ETS from military  his hearing showed to be good..he put in the numbers and worded it a little different than I am here  but the meaning is the same and this cost me a couple hundred bucks at the time We were barley making ends meet  because I could not work out in public...I was mowing yards for a few years before I got my comp.

I was awarded 10%for tinnitus and another 40%for increase hearing loss  and they bump up up to TDIU P&T as chronic  in nature never to improve in my life time  no future exams schedule...but this was in 2003 decision..so I'm lost on all this..

I'll try to put on here some of the decision awards & denials  on here. back in 98 as well as the 2000 decision award....and then the 2002/2003 TDIU Award. 100% P&T

there so many pages  I may just condense it down to 4 pages that have the dates in question.

since then I filed PTSD Claim  and was awarded 70%  and a statutory rating with SMC's-1 H.B.

They mention in the C-FILE CD that I had 60 days to appeal anything I disagree with in the C-FILE (dates)...I'll copy that and put it on here too!

so maybe that was a warning or someone knew that the decision dates are all screwed up?  but that don't sound like something the VA Employees would warn a veteran about  eh!

..........Buck

Edited July 27, 2016 by Buck52

[Berta]

Buck, I just replied to a new member here and remembered in my reply, that many many years ago I fought a VARO decision but I gave up on pursuing it because I was working on a re opened claim (that became my most important claim with the VA).

But if a claimant feels something is wrong with any RO decision they should NEVER give up.

Years after my few attempts to get the older decision corrected , I had forgotten about it, but the Regional Counsel was asked to verify the FTCA issues in my past claims -due to my re opened death claim, and he immediately went over my whole C file, saw the letters I had sent to them with legal evidence on the issue I gave up on, and he called a CUE on them. They had to pay me over 40 Thousand in retro.I should have Cued them myself and could have...but I  was battle weary from the other claims I had.

If VA made any CUE on those past decision you have, the CUE will be found in their Reasons and Bases sections and in the Evidence list.

On CUE we have to narrow our focus solely to what was in VA's possession at time of alledged CUE, and if VA used all of our probative evidence, and if their error manifested an altered outcome, detrimental to us (meaning they owe more cash.).

I posted a CUE for another member the other day. There are more templates here as well. We can help more when we see the actual words of the VA.

There is  no time limit for CUE.  And these types of 'claims'( CUE isnt really a claim at all, it is a 'frontal assault' on a RO or BVA decision, mean we have to take the time to really go over the issues carefully, and be careful how we word the CUE we file and be very specific when we define the regulation(s) they broke.

 

 

[broncovet]

Buck

    It is not all that unusual when evidence conflicts.  Sometimes, they use the term "preponderance of evidence", which means there is evidence for and evidence against, but one way or the other is more dominant.  If it were all "black and white" we should not need a court system.  

    If you think one or more documents is in error, then there is a procedure to change it.  

1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

[broncovet]

By the way, if there IS an error, then this smells a lot like CUE, where they said, 
"Either the correct facts were not known.."   Then they did not have the correct facts if there was an error in one or more documents.