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keyystone
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Posts posted by keyystone
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Congratulations
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Hmmm. Maybe we should file a claim as secondary to whatever service connected issue you have.
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I am waiting for my C-file to come in and see what they have. some of the statements in their old decisions seem like they are missing information even from the VA Clinic I used to visit in Biloxi.
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Not exactly sure where this question should be placed, but here goes...
I was revieweing an old copy of my medical records (not from my C-File), and noticed a note I had not paid much attention to previously. Apprently for a period of time, which I am unaware as to the duration of, my NCOIC had my personal MEDICAL records. Is there typically some substantiation for an NCOIC to have any part of a soldiers medical records at all?
Bear in mind, I did not get along well with this NCOIC, and it was not too long before I left the military. Ironically a short duration of those said records are missing. Not sure if there is a connection, but interesting.
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Ugh. So apparently I am screwed. VSO rep called me and said he received my file today and the SOC is there. He is going to send it to me. Havent seen it yet to see why it was denied.
So now I have to reopen. I would prefer to wait until I get my complete c-fike to reopen. I am told from Houston VARO, takes 9 months (VSO rep got it in a week). 8 years of this crap and back to the drawing board. So if a case is closed for not submitting a form 9, does the clock start all over?
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Put in a request on Wednesday in person at the Houston VARO. Will let you know when it comes in. They are saying about 9 months.
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I never received anything from VA after filing the NOD. They state that they sent a SSOC in Sept of 2012, and closed the case in Mar. of 2013. I received no comments from them at all until I happened to look into Ebenefits (for a completely different reason) and noticed it had been closed. I called them and they reiterated it had been sent. I have been repeatedly requesting a copy since. Most recently, getting a statement that there is a record of it, but no actual document on their computers.
BTW, someone else asked me this, so I will answer here as well, the NOD was filed in a timely manner (within the specified timeframe.)
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One thing, I have come upon since I first started this whole bit, apparently the Migraines are actually likely related to the Meniere's disease. There are some interesting studies on the relation of the two.
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I did file a complaint through the phone system, and they sent me a letter stating that it was sent in September. Went into the VARO yesterday, and they said that there is a statement saying it was sent, but they cannot pull up a copy (which apparently they should be able to).
You stated "Click on the Contact us button and they will direct you to the Iris site." However, when I look on the site you posted, Clicking on the Contact us button only gave me numbers, no reference to IRIS.
I spoke with the POA and he said he doesnt have it, and is going to check with a warehouse where it could have been sent.
I did confirm the address via all four (POA, VA Phone System, VA Hospital and the VARO)
Funny thing is I have one of my old C-Files (2004) and may have found a CUE I disregarded a few years ago related to a separate issue (Migraines), for some reason when they did my C&P, the doctor noted that it began during my time in service, however, and this is really odd, she stated that it is Not at least as likely Not related to Tinnitus. yes double negative, and I have no clue why she was making a statement in relation to Tinnitus. When they denied it, they stated not related to military service, and that was that. But that is a query for another post.
I was far more concerned with the Hearing, Tinnitus, and Ear Disease (later dx'd as Menieres), and did not really pay much attention to it. My first claim was more of a blanket claim to ensure military issues were identified. I thought it odd, but it was a recommendation my VSO, while I was still in Florida, made at the time. It included a 0% SC I received for a scar from a surgery, 0% for hearing loss (I can understand words when the volume is turned up enough), 10% (eventually) for Tinnitus, non-SC for an injury to left Hip, non-SC for Migraines among a couple of others, I cant recall.
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Berta,
Thanks for the info. Did your daughter also go to DLI? While I was there, Vietnamese was also trained in the same building as us, the Asian School (which was more appropriately called the korean school as the ratio was insane). How long ago was she in? in the early 90s we were still using crap headphones and old cassette tape re-recordings which had tons of static. if you ever listen to a cassette tape which has been recorded over 50 times it sounds really wierd. Unfortunately it trashed my ears.
I am glad you asked also, I miss those days, and it is not easy to translate (pardon the pun) to the layman the kind of work I did.
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Simple question for once... I hope. Can you use the FDC (Fully Developed Claim) procedure for reopened claims? or is it specific for new claims?
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OK, so here is the curious question and the reason I listed CUE in the header. If a determination is made against the claimant, based on the statement i sited above from the VA Doc, should I have received some statement from VA stating why they diosregarded the Doctors statement above? I am not aware of any medical evidence (none of the notes in my file state anything that would suggest onset before or after my service) which would go against me, and they still have not sent me for a C&P appointment. Is the fact that they obviously ruled against me after having a doctors statement which shows (albeit rough) that there is at least as likely as not evidence.
Also, I think I understand now why the Dr. wrote in such indefinite wording. The underlying cause of Meniere's disease has yet to be confirmed, while there is a lot of speculation. Essentially he says, as I read it, that he cannot determine what caused it, only that there is at least a 50/50 chance that it was caused by military service. Considering my hearing loss and tinnitus are also rated SC (which were shown as related to noise exposure), it seems to make sense. Mind you, I am obviously a bit biased, but I am willing to listen.
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His exact statement (I just found the email he sent me) was as follows: "On the statement “at least likely as not” that is a less than 50/50/ chance so VA does deny those…a statement of “more likely than not” would give a greater than 50% likelihood and have a good shot for approval by the VA."
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By the way, I really do appreciate your help you guys.
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He did state that he feels the menieres was associated with the hearing loss and thus felt it started the latter part of 92 when the hearing loss started to manifest. I am not sure that he wrote specifically that he looked at my medical records.
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As to employment impact. Currently, I am on some meds and a very low sodium diet which reduces the impact of my attacks. Also, I am an engineer and happen to have an employer who is very understanding about last minute lost time. That being said, I have roughly one attack per month ish.
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Answering as many of the above:
I blew the 60 days for the SSOC because I had not received it. I found out solely because it said it was closed on the ebenefits site. I guess what's done is done on that.
I have been begging for a copy to see what was in the SSOC.
My MOS was 98g Korean Linguist.the hearing loss indirectly resulted in my leaving the military because I was being reclassed to 11c mortarman and chose a general dc vs. Going deaf. Long story there.
The VA doc was in the ENT section. I now have a civilian physician who filled out one of the VA forms and faxed it in for me.
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Pulled up the record, the exact words, from the VA ENT Doctor, were as follows, "Note: It is unclear when this patient's Meniere's disease started. It is at least as likely as not that it started during the time in service, although that cannot be stated definitively."
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Hi. I am prior Army. Service connected for hearing loss, tinnitus, and an ugly scar on the shoulder. Working on service connection for Menieres.
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Actually, I am planning on switching to Texas Veterans Commission. A friend said they are really helpful. Had DAV in Florida. Not sure how it got switched
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I did not have any issues when I joined. In fact, I am service connected for hearing and tinnitus.
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I have been going back and forth, including several reopens and such, with the VA since 2005 regarding a claim associated with Menieres.
In 2008, I received a note that It was denied because I did not have an official diagnosis (although the symptoms: Hearing Loss, Tinnitus and Vertigo show continuously all the way back to my time in service. I spoke with my doctor at the VA and they noted that it was listed as a working diagnosis going all the way back to 2007.
I requested to reopen the claim and received a notice saying there was no new and material evidence siting that the diagnosis was in fact listed on my records. I missed my deadline to respond by NOD due to a bit of moving and a new job in a new state (moved from Florida to Texas). I received a response that there was no NEW and MATERIAL evidence.
I had to wait a bit until I could get another ENT apt where the VA doctor stated specifically that "it is my opinion that it is at least as likely as not that Menieres Syndrome was aggravated by military service" he also stated that the cause cannot be clearly identified - my understanding is that at least as likely as not goes to the vet unless there is some evidence to the contrary. the rep from American Legion stated that "at least as likely as not" shows less than 50% likelihood.
I received a notice that it was denied (again due to lack of diagnosis?) last February, and responded with an NOD and this time I specifically highlighted my records both in service and out to show specifically issues where I had to deal with this issue. I specifically stated that I wanted to appeal there decision at the RO and I would be available when they are (I was unaware of the SSOC bit).
I was told by my rep that the backlog could take over a year. A few months later, I call the VA and they say that it is closed and final and that an SSOC had been sent. after explaining that I never received one, they said it would be sent and to just wait.
a few weeks later (late July of this year) I received a letter saying that an SSOC had been sent to me and to my rep. I call and email the rep and a month later I am still waiting for his response, So of course I call the VA again and they say there is an ssoc it is odd because there is no cover page or letterhead on the scanned document.
Sorry about the long spiel, but I am now at a lost, what do I do next?
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Rosy, did you ever get a response on the appeal and how long did it take?
Never Received Ssoc, Do I File Cue?
in VA Disability Claims Research
Posted
Well finally after.... ummm, I forgot how many years, I was awarded 40% and then 100% service connection. However, instead of going back to the original claim date (or any one of several appeals and RAMP claims, without a break I might add), it was rolled back to the date the VA opened their own cue, a little less than 1 month before the decision date. Not sure if I should request an earlier effective date, a little gun shy of the P&T rating.