I am new to all of this so I just have a quick question that maybe someone can explain to me. I went to the VA last year and received a 10% rating for tinnitus and )% rating but that it was service connected for hearing. After my 3rd hearing test I was given a set of hearing aids because they deemed that certain frequencies and speech I could not hear. I did an appeal for the 0% hearing loss cause makes no sense to me that there is enough to rate hearing aids but not within specs for a 10% rating. Does this make sense to anyone?
I have received a 0% compensation for Hearing Loss, among several other disability awards. As It stands, I am at 94% and need another 10% award to become 100% scheduler disabled. Have already received 100% TDIU P&T.
QUESTION: How wise is it to give up 100% TDIU P&T for a 100% Scheduler? My lawyer argues that that TDIU P&T is more important than getting that 100% Scheduler (because that 100% scheduler can be challenged at any point for a reduction by the VA). What is the general school of thought on this?
I have finally succeeded to have a BVA hearing in April. It is scheduled for a video hearing in Phoenix. However, if I go to Washington...I can have the hearing in front of the judge...in person...face-face. Do I have a better chance of success with a personal hearing...or, stick with the video hearing? Currently residing out of the country...so, whether I go to Phoenix or Washington doesn't make any difference. Also, it's possible I can go to the US Embassy to use their facilities for a video hearing...saving a trip to the states. Your feedback would be appreciated. Thank you.
I would like to call my brothers and sisters in Christ to
please take a few minutes out of your busy day and pray for my wife, who has a hearing very shortly.
It will be a day of reckoning, a day of purging, and hopefully a day of resolution..
I would like prayer that the people involved in this case, are given wisdom and understanding, to do what is right and just.
This case is not as much about financial gain, as it is the acknowledgement and righting of a terrible wrong that was done almost 2 decades ago.
This tragic event, that was completely avoidable, ruined one life, and cast a heavy burden on several other lives. All due to intentional shortcuts to save money and time (sound familiar)?
There are many on here who know the power of prayer, and many that I pray will learn the power of prayer, May Gods will be done.!
WHY WOULD A JUSTICE OF THE CVAC ASK A QUESTION LIKE THIS TO VETERAN ATTORNEY<<<<<<<<<<< SO, IS IT YOUR OPINION THAT THE GOVERNMENT HAS A BURDEN OF PROOF TO PROVE THAT A VETERAN IS HEALTHY UPON SERVICE AND SOMEHOW ALSO THE GOVERNMENT HAS THE BURDEN OF PROOF TO SHOW THAT THE SAME VETERAN IS UN-HEALTHY LEAVING SERVICE???? WOW,, THAT JUSTICE DID ASK THAT QUESTION.... AND ANYONE WHO FOLLOWS VETERANS LAW KNOWS THAT YES, THEY DO HAVE THAT BURDEN AND THAT SHOULD HAVE NEVER BEEN ASKED!!!!!!!!!!!!!
I have been "scheduled" for a dro interview, when that will be who knows.
I am considering dropped the dro interview for a dro review since i have started to come to the conclusion that a hearing wont bear me that much more fruit than a review.
I have heard in the Pro Category that it is nice because they see your face and not just a stack of papers, however i am not sure if this is that much more advantage given the time it takes to actually get a interview.
I am looking for opinions on the subject to help me make my decision.
2004 i was released from service. same year i claimed low back and bilateral hip strain. i had a c+p exam and doc said (diagnosed ) i had bilateral hip strain and lumbar strain. 2005 i was denied both the reason given was , no service treatment records could be found at all for my time in service if service treatment records are later found my claims will be re-open. i dint appeal this at the time i just waited for them to find the records.
december 2009 the VA found my records and granted me 10% for lumbar strain but, did nothing about my hips. 6 months later i sent a NOD stating that this is a claim that proceeded a denial because of service treatment records and because the records were later found then all my claims should have been re-open. they agreed but said we still are denying you for hips because your service treatment records didnt change our opinion about your hips. nothing in your record states anything about hips.. i got a copy of my c-file and yes there it was,,, service treatment records for my hips in fact in service doctors also stated that i had bilateral hip strain BUT said it existed prior to service.
i submitted this paper and they gave me a c+p exam. the doc stated nothing is wrong with my hips and that i had an existing history for a left hip diagnoses. during this time i was being seen at the VAMC and receiving treatment for my hips and lower back and radiculopathy. in fact , just 1 week after this c+p exam a vamc report shows my evaluation for my hips and range of motion to be with pain and a diagnoses of bilaterl hip strain. again i get denied because no doctor said it was do to service. then in 2011 i sent a primary care letter stating that i my bilateral hip pain could very well be related to service because of multiple rigors of life during service such as running and PT. Again this wasnt good enough, they stated i needed new evidence to re-open my claim and the doctor letter wasnt good enough because he didnt do a eval even though he was my primary also his letter didnt cite anything from my service records. i then got another letter from him after he read a few reports during service and he sent a new letter stating that he wishes to ammend the letter he already sent,,, it is now clear that the rigors of active duty are more likely than not created the issues with my current hip problems and stated the ortho reports from my service treatment records. so, i have a lot of records that rebut all the ro problems but they still deny and now i have a BVA hearing in D.C. on the 2nd week of may...
can anyone ask me some questions so that i can prepare for this hearing ,,,, questions that they would ask or some problems that you see i might face...
1) Injury in service, 2)injury now. 3) Nexus or IMO.
My 1 is (pain in hips and lower back during and after Physical Fitness Training
My 2 is (treatment records and diagnosis of bilateral hip pain on movement diagnosis hip strain.
My 3 is (service treatment records sating pain on movement diagnoses of hip strain. Also Dr. letter saying that the rigors of Physical Fitness during service such as running marching (multiple non-specific traumas to hips and back) more likely than not due to his service because of treatment records start with service and state pain with PT hips and back profile needed…
So I went to my local Va and filed a 21-456EZ form for:
Gastrointestinal disorders,hiatal hernia(gulf war)
and a few other things in my record
I was honorably discharged from the USMC in 96 was dealing with this stuff then but, right or wrong I just dealt with it. I mean if I could get up and put my boots on in the morning and go to work thats's what I did. Only now it's taking longer to get going in the morning and so with the urging of my wife and fellow vets I went and filed.
They took down my info and sent the form off. Also told my to go get a gulf war registry exam, which I am still waiting on. He didn't ask for med. records, x-rays, DBQ or anything. I told him about my PSTD symtoms and he put down anxiety. I'm just wondering what I'm in for and what to do next. So any advice , info, or help you guys can send my way is much appreciated.
I am in the process of completing my VA Form 9 to do a BVA Appeal of a claim.
My questions for the group are:
1. Would it be worthwhile to do my BVA Hearing at the Philly VARO which is about an hour away from me? Or would it be better just to go have my hearing in Washington DC which is 3 hours away from me? I know there is no compensation to travel to the hearing location. I am not in a big hurry -- it probably wont affect my overall comp rating of 90%. But having to only drive 2 hours roundtrip is certainly better than 6+ going into DC!
2. Do you think it will be OK to get Am. Leg. involved after I send in my Form 9. I need to get the Form 9 sent now since it has already been 30 days. I plan to send in, and then go to Am.Leg. to ask for assitance with the hearing. They are at the Philly VARO so its hard to go to them frequently to review paperwork, etc. I think my Form 9 is pretty clear to justify the request for BVA hearing.
3. I need to send the Form 9 in now to continue my claim, but I noticed at the bottom of the instructions that I might also be able to request a hearing at the Philly VARO in addition to filing the Form 9 to request a BVA hearing. I'm thinking the VARO hearing might be able to be processed faster than than the "out of DC" BVA hearing and it just might get me what I need. Is it possible to "double dip?" Any suggestions on that?
Thanks for any suggestions --- and especially for the many benefits this forum provides!
Claims Process – Your claim can go from any step to back a step depending on the specifics of the claim, so you may go from Pending Decision Approval back to Review of Evidence. Ebenefits status is helpful but not definitive. Continue Reading
68mustang posted a question in VA Disability Compensation Benefits Claims Research Forum,I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
GlennieHB posted an answer to a question,I have a 30% hearing loss and 10% Tinnitus rating since 5/17. I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating. Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive. I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties. I don't know whether to file for a TDUI, or just ask for additional compensation. My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help. Does anyone know which forms I should use? There are so many different directions to proceed on this that I am confused. Any help would be appreciated. Vietnam Vet 64-67.
If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.
What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?
What,if anything, was listed as a contributing cause under # 2?
Was an autopsy done and if so do you have a complete copy of it?
It can be obtained through the Medical Examiner’s office in your locale.
What was the deceased veteran service connected for in his/her lifetime?
Did they have a claim pending at death and if so what for?
If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major physical contact with C 123s during the Vietnam War?
And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.