FormerMember

Navy Wife--- I asked them in my first email to please look into why I filed on Oct. 11, 2012 to reopen three old claims and nothing was happening. VA says they are 15 months out. I'm pushing 24 months and it is stuck in "Administrative Review" but listed as Gathering of Evidence. Instead, they grabbed my CUE appeal of Porphyria (NOD filed April 30, 2014) and ran with it. If they do nothing it will create great precedence at the CAVC. When, exactly, does "total disability" mean total disability? A C&P doctor said it but the VA examiner (rater) downgraded it to 10% for phlebotomies (violation of §4.20 and §4.21) and then changed it to 0% for Porphyria and 40% for phlebotomies. This was CUE. If VA did not like the C&P results, they had ample opportunity to schedule one they could use to low ball me (0%). They didn't and now they have to live with their own doctor's pronouncement. It became a finding of fact that can only be overturned based on fraud or the usual tenets of CUE expressed in Russell, Caffrey and Fugo. VA cannot CUE themselves based on how they decided the facts. An appeal is always a choice of case or controversy. If you argue case you are saying the laws were broken or ignored. If you argue controversy, you are disputing the material facts in the Evidence of Record (EOR). Here, the law was ignored. A finding of total disability was awarded 10% and then reduced to 0% (Diagnostic Code 7815). A DRO review increased the rating to 40% but under a different diagnostic code (DC7704). Both ratings decisions fail to incorporate the finding and neither grants a total disability rating (100% or TDIU)-ergo CUE. a

robert.a.mcdonald@va.gov and 513-509-8454. a

I see my path to 100% as: 1) quit getting phlebotomies and 2) start going to a tanning salon. Instant death but also instant 100%. No dice. I still would not get to 100% because there is no 100% in DC 7815. VA's Catch 22.

Never count your chickens before they peep. Here's the latest update: http://asknod.wordpress.com/2014/10/10/ebobenefits-a-whiter-shade-of-pale/ Dead Stick Landing. Hold on.

The latest is that the Congressional Interests gal Cheryllanne Mackey at the Seattle RO called me Friday at 1310 local and tried to tell me I was 100% and there simply was no more money on the table to ask for. When I asked about the SMC-S, the tone of the conversation changed dramatically. http://asknod.wordpress.com/2014/10/03/vasec-what-happens-when-you-call-bob/ ​I cannot stress how potentially great this will be while it lasts. I suspect it will be abbreviated after Veterans Day but as of now it's working to perfection. I've had several emails to tell me they had exactly the same experience down to the golden boy staff attorney from BVA who called within a day. Chocks free.

This is what the Writ of Mandamus was designed for. The VA often pigeonholes these things and disremembers them. Deputy Chairman Laura Eskinazi has been caught trying to speed up the claims by cherry picking some out of order on the docket. These are called "rocket dockets" and advanced because they are easy. It makes production figures go up but disenfranchises those who have waited patiently. http://asknod.wordpress.com/2014/09/11/bva-rising-star-eskenazi-crashes-and-burns/ I know this sounds off kilter but I would call SECVA McDonald. He has asked those of us with endemic problems and unholy delays with no good explanation to do so. Why not take advantage of the avenue? I did last Wednesday afternoon, I had a BVA staff attorney on the phone to me twenty hours later. The DRO in Seattle called the next morning (Friday) and wanted to know how I wanted to settle it and what my expectations were. My appeal has been sitting there five months since receipt of my NOD April 30.. I expected another two years to a Form 8. I never asked for a DRO but I'm apparently getting one as we speak. It sure can't hurt. Don't waste time consulting your do nothing VSO. Go for it. 513-509-8454 or robert.a.mcdonald@va.gov. Remember, he's the one exhorting us to call him. clear prop

Hold the phone. Any time, and I stress "any time", you file a NOD, the VA Regional Office is obligated to review your denial by a higher authority than the rater that did yours. This is all common info so you should read up on the process if you are unfamiliar with it. If your claim has some error or missing some evidence you submitted, this is where you point it out and catch it. It requires a de novo review. This doesn't mean a DRO but if one is available, it happens. If you file NM&E, it is a given but most do not know of the former requirement on any and ALL NODs. A DRO review, when asked for via 3.2600, is a horse of a different color Gastone. Please do not confuse the good doctor. A DRO review is far more structured and in depth. It keeps the decision making authority local and that can be Heaven or Hell. Think Oakland (585 days) or Seattle (545). That is on top of a fifteen month delay in just getting an initial decision. It also provides an opportunity for a hearing -formal or informal- whereas a traditional appeal allows for a very formal BVA Travel Board hearing or a Videoconferenced one via a hookup from the RO to the BVA Veterans Law Judge sitting in DC. Both require a long wait for a hearing so there is no magic in one over the other. If you have an ignorant DRO, you get an ignorant decision. Same for the BVA VLJ. If the case or controversy is based on law and a nuanced reading of 38 CFR or 38 USC, it would be a waste of time at both venues. A CAVC appeal is about all you can hope for to get justice. If it is a matter of evidence (controversy), you may stand a better chance at the RO and get it straightened out there but the delay is endemic at both places. Thus the decision to go or stay local should hinge on the case or controversy argument. Traditional appeals allow for a Waiver of Review to overcome the dreaded remand back to your RO. If anything is needed, it is run through the BVA's own RO (the Appeals Management Center or AMC) around the corner on EYE street. We call it the Black Hole or the 57th RO. It has it's usefulness sometimes. For what, we aren't quite sure yet. There was a time back in its inception in 2004 when it worked as advertized but it is hopelessly inundated now too. Always be careful when you offer advice to make sure it is correct. Shooting from the hip or "thinking" that's how it works doesn't cut it. We're talking a Vet's financial future. You sure wouldn't want some "expert" to tell you something untrue that could cost you years more in litigation. Sometimes I have to bite my piehole polisher and consult WestLaw for good cites before I push send. J1VO Clear Prop -Pull chocks.

I hit 20 years on March 30th, 2014. They gave me the HCV to1994 @ 100% P&T. They gave me the tinnitus back to then as well. They just refused to give me the Porphyria for 100% back to then. That's twenty years of SMC S they were trying to skate on. I recommend all you fellers with intractable problems to get hold of Old McDonald. I like his new farming techniques. This is how you "farm out" a claim in my book. Gastone. I filed a CUE claim to get their attention on this in 2011. They lost it but I had the green card. So they began again in August of 2012. They ruled against me in 9/2013 and then took some other claims and "disremembered" them. I called Bob up to say why is it taking 25 months to adjudicate it? He apparently asked the same question. Answer? We shall report back. Cleared in hot.

I was talking about Robert "Call me Bob" McDonald. But Bob Walsh is my favorite attorney. Stretch. He got me the 94 P&T on the hep C. Of course he was flabbergasted that he did. We were hoping for 40-60% and a Fenderson gradually moving up to 100% in 2007. He got his kitchen and hall bath remodeled off my $68 K donation. His new wife loves me. Never have I seen VA justice move so fast. Nor, for that matter, has he. Clear Prop

Hey, Vets. This works great. I called Bob on Wednesday. Thursday morning the BVA gomer calls to find out whazzup. Then today the DRO calls up to say they are doing my DRO (which I didn't ask for) on my NOD of my CUE denial for a rating reduction. VA Seattle is 545 days out on DRO reviews. I submitted the NOD on 4/30/2014. The DRO asked me what I wanted. 100% from 1994 and SMC S. http://asknod.wordpress.com/2014/10/03/vasec-what-happens-when-you-call-bob/ onward thru the fog. Vote for Bob.

In DC, when repped by a VSO, your claim appeal is handled by teams composed of senior VSO officers from all the Big Six (not just your particular VSO) "schooled" in this art. I have yet to hear of a VSO team asking for the bona fides of a IME or the credentials of a VA doctor opining on the claim. Doesn't happen. That's why adept attorneys are so valuable to this process. They have a hands on capability that VSOs only dream of. The difference is that thing after their names-you know- Juris Doctor. Cleared in Hot.

As an adjunct to that, if you have an attorney s/he can track it like an EKG. This is especially important if they send out for IME with podiatrist opining as a orthopaedic surgeon. In cases like that, you have sixty days to refute/rebut the podiatrist or it stands under the Presumption of Correctness. Unless proven otherwise, all VA medical opinions are presumed correct. Game Set Match. Allowing your appeal to ride pro se is a crap shoot unless you are bulletproof. Clear Prop.

When a claim is certified to the BVA, that means all adjudicative actions are complete and the file has a signed Form 8 showing certification. It doesn't mean it has been transmitted to the BVA yet, though. That can be another one to three months- sometimes six. BVA is running out of places to put them. As Phil said, you will know when it gets there as the BVA will tell you it has been docketed. Then you can expect another year plus wait for adjudication. Hurry up and wait. Slightly faster than a speeding blade of grass coming up. a

Roger that. VA tries so hard to adjudicate the wrong thing and ignore the obvious as you may or may not have learned yet. I've had them take Porphyria (from AO in SEA in 70) and turn it around to say I wasn't there (in Vietnam). Same for the HCV. I never had it in service. What I filed for was Porphyria secondary to HCV or, and great big OR, it was due to Agent Orange. After finally admitting proof of being there, they immediately said it had no bearing on their denial. They never adjudicated it on a direct basis (Combee v. Brown)This is the convoluted logic that will dog you all the way to the CAVC. Once there, they all say "Man. What are we doing here? Let's do a Joint Motion for Remand back down to your VARO where we can start all over on a brand new denial." Build your case and pack all that evidence in there now. Drive it home again and again. It pays off but takes time. Clear prop

Berta- Remember the CAVC case (1991-92?)of the New Mexico Guardsman called up to do duty somewhere during a forest fire in N.M? He was injured while on state guardsman duty-not on ACDUTRA. He won initially but lost at the CAFC when it was determined he was called up by the NM Governor and not the US Government. Thus his injury was not SC via VA. I think this is what they are hanging him on. An old Traffic song comes to mind with a slight change of wording- "Make your own noose up if you want to/Any old noose that you think will do." Win or Die. Found it. See attached. Screwed up the facts but got the gist of the decision. Brain death is a terrible thing to waste. That's why I share it whenever possible. Allen.Key.issued.pdf

VA is giving him the bum's rush on one and only one facet. The accident occurred during reserve training-not ACDUTRA. If he had been on Uncle Sam's dime, it would be service connected. That it occurred during training with his local unit in cheese head country absolves them of governmental responsibility. VA is not questioning the legitimateness of the claim-just the actual status of the person when it occurred. Big difference between between a training accident and one that occurred during deployment. If it didn't occur during ACDUTRA, then it cannot be SC even if it got progressively worse while deployed. That's how the regulations read currently. An interesting case for the CAVC or CAFC to ponder. I say he should appeal it and get a really good law doggie. One thing it most definitely isn''t is CUE. Wrong Forum. Clear Prop

I hate to say this but I'm willing to bet regardless of what your METS # is or any other ejection fraction that you get either 0 or 10% rating initially. VA lowballs you to see if they can roll you regardless of what the medrecs show. Always have and always will. Read your decision very carefully and examine the logic. Chances are you are going to discover they "overlooked" some more recent evidence of the smoking gun that would entitle you to the 30 or 50% rating. When it is finally sorted out, they'll act conflusticated and say something inane like "If you had timely mailed in the evidence showing increased ejection fraction, we could have included it in the evidence we reviewed". Watch out also for the trick rating where they give you the 50% later and an effective date that is newer than your filing date. Cross reference that by asking here or familiarize yourself with the diagnostic code in Part 4 of 38 CFR. You have just begun to fight unless I miss my guess. Presumptives on AO claims should be a walk in the park but VA tends to become difficult and feign stupidity until they realize you are not going to settle for a 10% doggie milk biscuit. Win or Die (and go for accrued benefits)

There seems to be a gross misconception of the term ''reconsideration". You will not find the term used anywhere except at the BVA when referencing a denial of a BVA decision on your claim. You have the right to petition for a "Motion for Reconsideration" and have your decision reviewed for legal sufficiency. It puts a Notice of Appeal on hold and tolls the 120-day filing requirement to the CAVC. If the BVA declines the Motion for Reconsideration or, on the off chance they reconsider it and still come down with a new denial, you may then proceed to the CAVC with a timely filing of your Notice of Appeal (NOA). To correct BroncoVet, there is no RBA or Record Before the Agency until you arrive at the CAVC. The RBA is just that-a compendium of all the adjudicative actions that occurred at the VARO and the BVA. It is, quite simply, your c-file sloppily assembled and shipped to DC with the Form 8 certifying the appeal for docketing. The CAVC refers to this as the Record on Appeal or ROA so there is some confusion on a Veterans' part as to which document is which. As Carlie has aptly explained, a Motion for Reconsideration at the lower levels (BVA and AOJ) could probably best be characterized as a burning desire by your SO to have a RVSR review his decision and perhaps change it based on some gross error. These situations occur when a VSO Service Officer approaches the RVSR and asks for a 'do-over'. This rarely happens unless a major CUE error is apparent. I had a guy who was denied in Texas on HCV. They proclaimed that his six STD infections were willful misconduct. His SO went in and pointed out the clear interpretation of 3.301 ( c ) (1) and the matter was resolved- albeit in 4 months. This could be the closet thing you will ever see that you could characterize as a Motion for Reconsideration. If the request for this 'administrative review' exceeds one year from denial with no appreciable action in the interim-poof. There goes your right to file a timely NOD. You have one (1) (uno) (nung) year to do so. No ifs, ands or buts. VA is not flexible on this. Examine the theory. You file. They deny in 85% of cases as is their wont. No surprise there. Most would like to believe a DRO review will change the outcome but lacking any definitive N&M E that is exculpatory, your DRO review will fall as flat as an egg-free souffle. I advocate that the new paradigm at the VA points to this avenue (DRO Review) as a dead end. Unless or until VA starts hiring in earnest with qualified personnel, the DRO path is a slow boat around the Horn of Africa. The reasons are many and varied. First, there is a major dearth of DROs. They are leaving in droves because they are being brow-beaten by VSCMs to produce beyond their capabilities. Training and promotion is stilted and many in the AFGE union demand local promotions rather than "bringing in a shipper" as they say in horse racing. Unfortunately, there are not enough qualified personnel to promote up to this level (GS-13-14)Just as they begin in earnest, they get dragged off to deal with the major influx of new AO claims that required instant adjudication. Oakland RO is 685 days out on a DRO review with a request for hearing. Six Hundred eighty five DAYS. I'll let that sink in. You could just as easily file for a traditional appeal path, sign a Waiver of Review in the first instance, take it to DC and probably get a more nuanced and superior adjudication using 38 CFR rather than the hodgepodge of crap in the M21. Your odds of winning also go up 22% and it will occur sooner. That's a win-win if you are having trouble paying the rent. As such, the 'Motion for Reconsideration' at the AOJ level is a chimera. If you decide to go to the RO in person to file the NOD, by all means refile all your evidence. There is no law saying you cannot. Given VA's (and to a great degree the major VSOs) propensity to lose things, you will guarantee it's all in the c-file even if duplicated. Considering how dense and myopic they are, that might be to your advantage. I gave my all-important nexus letter from my doctor to the MOPH rep to file for me. It evaporated into thin air. I discovered they didn't have all my medrecs from the civvie doctors. I hand-carried them in, too. Years later when I finally got my c-file- voila! Two sets of civvie medrecs. VA will blindly file anything you give them like a squirrel caching nuts for winter. It makes no difference if they are duplicates. The important thing is to have them in there when (and if) you do go to the CAVC. The RBA at that point is sealed and nothing is allowed in afterwards except for generalized "findings' or a mutually acceptible document both sides agree illuminates or defines the situation better. It still requires the acquiescence of the Judge/panel who is hearing it. Evidence is king in this business. Absence of evidence is your downfall. Always err to the positive. VA is asinine but they are anally retentive. If you depend on a VSO to do this without supervision, you will inevitably lose or be shortchanged. It's not that they are uncaring or indifferent. They just have no legal training. They get 40 hrs of Blah-blah and sign the register saying they attended. No test for assimilation of knowledge is given. Every year they get a refresher that essentially does the same thing. You can sleep through these things and still be a SO. Notice I didn't say "successful SO". If you are denied, you have a delicious option. Promptly appear at your RO as soon after you receive your denial. We're talking the next day or so after. Ask to speak with someone knowledgeable. Do not call in advance or try to set up an appointment. I doubt you'd get far with the dolts on the 800 Dial-a-Prayer anyway. All they can see nowadays is the eBenefits screen-exactly as you do. This face-to-face will be a de facto 'hearing'' where you can introduce some salient point or evidence that was overlooked. It's usually after one of these you discover your SO didn't deliver evidence crucial to your claim or VA overlooked it. It will prompt an instant 'administrative review' to ascertain your contentions and will stand a far better chance of correcting an error early on rather than sitting around for years waiting for that DRO dream decision I hear everyone talk about here. This is just my opinion. I submitted reams of evidence over and over and well-reasoned legal theories over six year to no avail. The DRO didn't address them. The VLJ in DC did not address them. Suddenly, five minutes before showtime at the scheduled CAVC hearing, a flustered gal from the OGC ran up and said "Hold the phone. Alex is right. We stepped on our necktie. How's about we go back and give him what he asked for and quit pestering Judge Schoelen?" Remember the formula. 15% win at the RO. 22% more prevail at the BVA. 65% get a do over with a high degree of success at the CAVC so that's why you build your case to be bulletproof below and eventually prevail above. It's sad but VA appears to have a quota system. There are just so many 100% slots open. Check it out. See the attached on Vet statistics. The numbers are static on 100%/TDIU ratings for the last 12 years in spite of the fact that a lot of guys are coming home missing large parts of their bodies. You almost have to wait for some in front of you to die to prevail. Always remember the Common Law Mailbox Rule is the only thing that guarantees your evidence is safe. VA can, will and often utilizes the Presumption or Regularity to deny you. As Vets well know, anytime Exlax enters the conversation, the defecation is going to contact the rotary oscillator. Clear Prop. Clear Six. comp_vets_state_09 (2).xls

Roger that, Carlie. I was assuming he inputted that contention into the NOD. If not, he needs to file an addendum to the NOD reiterating why he feels the ED is 1992 and why- listing each and every piece of evidence which was in constructive possession of the VA (PEB/MEB). Bell v. Derwinski was decided July 21, 1992 so the theorem of constructive possession doesn't attach before that day. I'm hoping his filing was during or after that timeframe. a

Zoomies helping Zoomies, sir. Remember the AF motto- Why march, paddle or wade through a swamp when you can fly there. That's why we invented airplanes. Regardless of the branch of service, we help one another get there by the shortest path. Leave no one behind... Joe Fenderson's case taught us that once you win, you can begin a discussion of what the appropriate date of claim is-be it 1992 or 2012. You have one year to file a NOD to that effect. After that, you acquiesce to VA's decision as being correct. You can fight this for years and years but you have to take that important first step and put down your marker after you win. When you ask for an increase in your rating, you can only go back a year before your claim to examine pertinent info that might prove you were entitled to it earlier (but not more than a year earlier). With an initial claim, once you win, the whole enchilada is opened up and a long-winded discussion (and adjudication) can ensue from it. At no other time will you be able to influence or change the effective date of entitlement other than by a CUE. Granted there is the 38 CFR 3.156© avenue, but that isn't pertinent to this discussion. You had what you needed to prevail in 1992. VA just had a brain fart and let it slip. Unfortunately, they will now try to cement it in 2012 and forbid revisiting 1992. Be very careful with suspense dates. Best of luck. Clear prop. Clear six.

Whoooo, doggies. The real meal deal? Okay, here's the take on it. The records had to go to Janesville for digitizing by the cheeseheads. Someone screwed up and mailed you what was supposed to be inventoried and warehoused. Remember, they are not allowed to destroy the original c-file---EVER. Mine had other Vet's stuff in it, too. Check some of it out attached. (Brian Wells' name doesn't even end with a "G" like mine so how it migrated into my file is a VA mystery). Shit happens. At the VA, it's apparently a full-blown shit storm 24/7. If you have original stuff, my advice is to rent a safe deposit box and be sure to make copies. Sit back and see what develops. Eventually, someone from VA will call and ask if you received something weird. They really can't lose that and not have to account for it. By all means do not call the OIG or you'll end up being the one who gets investigated for stealing them from the RO. The best part of all this is if they deny for some inane reason and you rebut with the real McCoy. That would really roll their socks down. Cleared in hot. Weapons are Free.

The two holes at the top about 3 1/2 inches apart will appear as black spots indicating it came out of a c-file (old-fashioned) like the ones in photo above. Mine was wheeled in on a cart for my BVA Travel Board hearing in April 2011. It was seven individual folders and stacked up came to about 20 inches tall. 3715 pages. They contracted with an outfit in Janesville, Wisconsin (the cheese people) to do the digitizing. See it in living color. See attached from my RBA (c-file) that went to the CAVC in 2012. Note the two holes.

If they awarded it in 2013, it became a Fenderson staged rating with a hitch, Always remember the "deemed denied" logic. If you do not object, complain, or file any motion seeking action on an unfinished claim, technically it must be assumed VA denied it at the time they made the other award in 1992. However, with the PEB/MEB info in the c-file, it most definitely becomes a horse of a different color. This is definitely not CUE. The doctrine of Laches keeps this one open forever until it is acted upon. The deemed denied theory most often applies when another claim filed simultaneously is denied. If VA doesn't mention it specifically, you are left to assume all of the claims were denied. Here, you have the perfect vehicle to go "Back to the Future". You won, You file a NOD for the EED of 1992. VA digs their heels in and refuses to grant. You cite Fenderson and Manio and vociferously point out the claim is still open until it can be determined VA either approved or denied it. Absent anything in the c file to show it was denied, it's still viable. It's infinitely easier to go after this on a NOD than CUE-and far easier to win, I might add. I got my 1994 EED on my Hep via a Fenderson interpretation and a long discussion about 38 CFR 19.29 and VAOGCPREC 9-97. Clear prop

You misread my post, sir. I do "coach" Vets-just not for mental health claims. I have been burned and now defer to others who are either more knowledgeable on the subject or have filed and won. Most who come here seek advice. I offer what I have experienced regarding hearing issues-nothing more. I do know one Vet who has accomplished the 100% for depression secondary to his tinnitus/hearing loss issues so I know it is feasible. Accomplishing it in this environment now is going to be far more difficult. You are right. I do not know you or the road you have traveled. None of us are looking for a free ride per se. I've seen some questionable ones over at the Pink site but I digress. We're talking about "help" sites here. There is a fine line between coaching and helping. For Hepatitis C Vets who legitimately acquired their disease without willful misconduct, I will go to the mat. I refuse to waste my time on those who, by their poor choices, now aspire to drink from the well. If you step on your necktie and shoot up heroin, do not expect to be rewarded. Likewise, after a few stints in a VAMC to clean up, do not be surprised if they took notes at the Kumbaya meetings where you admitted to snorting up 20% or Peru's annual output. Mental health is touchy subject for the ones filing for it. I understand somewhat. I merely offer advice on where you will end up pursuing 10% claims for tinnitus or hearing loss. If you have a bum knee, that should be where you focus. Some day that sucker is going to blow out and leave you on crutches or in a wheel chair. We all have unique subsets of disabilities and no two are alike. Carlie wisely points out that you have no claim yet for the depression. If you believe it is SC, by all means file for it. You will notice I underlined the fact that I was not telling you NOT to file. I have a Andy Jackson that says a VA shrink will conclusively tie your depression to anything but service. The reason being is that you did not evince it while you were in. It's a dry hole, TC. There will be nothing to support it. In this poker game, evidence is king. No tickee-no laundry. If this sounds mean or confrontational, I apologize. I, too love my fellow Veterans more than you or any of them will ever know. I left some behind in Laos in 1970 because I couldn't save them from 1500 feet up. I did my penance in the Mojave Desert for two years alone talking to tortoises and sidewinders after I got booted when I came home. They called it a "personality disorder". I made a vow I would never leave another behind. However, If I am not qualified to teach them how, I would never attempt to. My expertise is HCV and SMC and I am rightly proud of what I have done for others in the last five years. Happy Labor day, sir and thank you for your unselfish commitment to keeping America free. Few hear the call. Fewer still sign on the line. Some don't come back. Clear prop

VSOs are reknowned for trying to get you SC for things you can never obtain. That's what they do. Unfortunately, VA has a static denial rate of 85%. Truth be told, you will have a very difficult time getting a dx of depression out of a VA shrink. They are briefed on this and hand out personality disorders in lieu of MDDs. VA will go through the motions but it would be almost a lifetime effort to get SC for depression secondary to Tinnitus. At best, VA might offer one of the newer drugs that counteract the ringing like Quietus. Granted, curing the ailment with medication to mask it is not a panacea and VA would still be on the hook for SC if you were connected but therein lies the pitfall. VA is going to say a) you have it but it is not compensable or warranted because b) you are holding down a job in spite of this malady. If they are paying you 10% for tinnitus, they will also say you are being remunerated for it already and this was contemplated in the rating. Alternatively, you will have to prove it disproportionately affects your income to your detriment. Think it through. The system is backed up worse than a monkey who ate too much cheese and adding your claim to it won't result in any financial improvement for years. I can almost guarantee they will fight this up to the BVA which is 5 years out if you filed now. Throw in a few remands for more C&Ps and it may go ten. When I walked into the DAV in 1989, they dragged out the VA comp. tables and told me of the untold riches awaiting me. I was only interested in getting SC for my back because it was having a severe impact on my ability to work. The DAV whizbang immediately started in on hearing. We all know ratings for hearing are a dead end. You would need to be 40% (or more) impacted in one ear alone before they begin to talk about any remuneration for the other which would have to be worse. I got 0% for one ear only and tinnitus at 0%. I lost the back claim. The DAV VSO gave me the big speech about how I'd hit the VA powerball lotto. Yup. Free hearing aids. I see you currently have a 10% rating for ? Assembling a necklace of 10% ratings is all well and fine but look yourself in the mirror and ask "Why am I doing this?" Many Vets have injuries and diseases that warrant exorbitant ratings and they wait years-sometimes decades- to attain proper remuneration for them. VA compensation is paltry and should be considered only if your ability to work is so compromised as to put you in the poor house. You and the wife cannot live on what VA will pay for hearing ratings. I do not advocate that you should not file for this. I simply ask you what your motivation is. I can hear a question mark in your queries. I help Vets every day. Some ask me to "coach" them on how to win PTSD/MDD claims. I refuse. If you are truly mentally compromised, you don't need a sounding board or coaching. Depression leads to unemployment eventually. If you are really "disabled" by it, you don't need a VSO egging you on with false promises. Being hearing-impaired is not fun. I know because I am. I thank God every day when I get up that it isn't my eyes that went south. I hear half of what is spoken to me and screw up the rest but... I'm alive. Many arrive here and at my site looking for instant gratification. VA cannot provide that. SC Compensation is so miniscule that you need a P&T rating just to live on. You won't find VA to be a willing partner in this endeavor. Many will argue VSOs are your best friend but I've found the opposite. They work for a national organization that is hand in glove with VA and even gets free room and board at the VAROs. I've found over time they'll tell you anything you want to hear except for the truth. I do not wish to dissuade you from filing but I think you should know what you're entering and the relative odds/futility of it. Tinnitus and/or hearing loss are the most often granted compensable ratings at VA. They made it a bilateral rating the moment a Vet attempted to get 10% for each ear in 1990. There's a reason it tops out at 10% max. Tinnitus ratings are like Mardi Gras beads on Fat Tuesday. Plenty of them and they're cheap. Trying to get them gold-plated is a fool's errand. My advice is to identify that which really impacts your life and concentrate on it. If you had a back injury in service that will compromise your eventual earnings picture, that is where you need to focus your effort. Hepatitis C ate my liver and boy howdy, I guess I don't need to tell anyone what happens after 45 years of ignoring it. Quite simply, you die. Hearing loss/Tinnitus won't kill you. Make sure you are depressed due to that and not some other facet of your life before you go down that road. Being declared mentally impaired comes with it's own set of consequences as you point out. Best of luck sir. Clear prop