Ricky

I think this may apply to a treating doc but don't know about a long distance "business" type relationship with a doc who is simply reviewing a set of medical records and writing a letter to assist in wining a disability claim. After all he is not treating nor does he offer treatment - it is a simple financial based situation for both parties. P.S. I don't even like the guy and have never contacted him.

Free - as I see it the fast letter will do you no good at this point FOR YOU MUST INSURE YOUR NOD IS ACCEPTED. Then you can worry about them shredding evidence..... for the VA response to all of this is that even if evidence was lost/thrown away you still missed your date to file a timely NOD for all veterans know that once a decision has been rendered you have one year to file the NOD and no matter how much evidence you have submitted for reconsideration NOTHING stops the clock!!!!!!Scandals, fast letters, terrorist attacks NOTHING stops a VA time limit clock. Not to beat you up (not too badly anyway) but we have posted over and over again on Hadit that you must watch your time lines no matter what else you may have stirring in the pot with VA. So your actions are going to cost you some time in the already red tape VA process. What has happened to your NOD is it was reviewed by an uneducated rater. You are going to have to write them a letter and spell out the fact that the submission of your NOD is covered by the rules of 38 CFR 20.305(a). Spell it out like you were trying to convince my 3 yo granddaughter - My NOD was postmarked on x day which must be accepted as timely filed under 20.305(a). However, if the postmarked evidence (the envelope) is no longer available then you must apply the general rules provided by 20.305(a) in that the VARO has acknowledged that they received my NOD on x day. Using the general rules under 20.305(a) the VARO must assume that my NOD was postmarked 5 days prior to the date of receipt by the VARO excluding weekends and holidays. Since Nov x was a holiday and Nov x and x were weekend days, applying the general rules of 20.305(a) then my NOD would have been postmarked xxxx. As such my NOD was filed well within the time limit required by the VA and therefore, must be assumed to be filed timely....... etc........ Don't forget - your first priority must be to get them to accept you NOD!!!!! Then you can fight with them over lost or destroyed evidence if you have the time to get wrapped up in more red tape. Just my 10 cents worth.

DFAS uses stubby pencils run by Lockheed Martin!!!!!!

Berta - wishing you well. You are the master CERTIFIED MAIL!!!! Thats a first.

Ro's can not over rule medical doctors. However, they do have the authority to assign specific weight to medical evidence received in the claim. The problem with this is when there are two or more medical statements in the claims folder. The rater then places weight on the most believable evidence which is determined by the rational used by the doctors. Now with that said they more likely than not will assign more weight to a report issued by a C&P doctor. With the situation at hand I have not seen them not service connect things such as you are claiming so you will be ok with the service connection part. On the ratings anything goes. You will just have to wait and see. If you do not like the rating given then you will have to NOD them. A NOD is an appeal. It is the first step in the appeals process and is commonly referred to as the informal step in the appeals process. If the NOD fails to produce the results you want then you have to formalize the appeal by filing the form 9. Hopefully you will successful during the informal process (NOD). Just watch your timelines as VA becomes the master of death if you miss a "required to act on date" during the process. Good Luck.

You were not at the Supereme Court hahahahaaha just kidding. All BVA hearings are in front of 1 judge. If you had to wait on 5 of them to attend the hearing you would never get a hearing. He/she will take their notes to their team of attorneys on staff. The attorneys will review the hearing, look at the notes and the other evidence in the case, research the law affecting your case and write up the decision letter. It then goes back to the judge that held your hearing and he/she will sign it.

This is an employment verifaction form that all TDIU persons have to fill out every year. If you have not worked in the past 12 months simply fill out section 2 and return it asap. It has nothing to do with progress notes etc.......

If you think the bailouts were/are bad - just think what awarding every veteran who would file a claim a 30 percent disability would do! Where would this money come from? The taxpayers via tax increases! Such a deal sounds like the ole give em a noose and let them (us vets) hang themselves to me. Be careful of what you wish for! jmho

Vietnam era. The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period. Berta was correct, one had to serve in the Republic of VN in order for the 61-75 dates to apply.

In an effort to better serve veterans (if you believe that), the VA has re-organized into a couple of major telephone call centers (Vs being able to speak with your RO) and two IRIS inquiry response centers. The job of the response centers is to answer your question if they have the information available or to request information from your RO so they can answer your question. Just a couple more middle men between you and your claim is all it is.

Hey you better watch what you say. Them ole boys from the other place are watching you. They already have a tree with a rope for me cause I called them on their efforts to put lipstick on a monkey hahahahahaha

It means that a COURT more than likely would rule that the act had been done to insure that the claimant would be relieved of any life, liberty........etc, therefore, the COURT would more than likely rule in favor of the claimant. Notice I put COURT in caps. This would not pertain to a decision maker by the VA within a non-adverserial, administrative system!!!!! My ham sandwich had SPOLIATION one time. It made me sick

Just a couple of things - when you say shows some signs what do you mean? I understand that you have it now. When was the diagnosis made? Are you being treated for it? With meds? As you well know the draw back to your claim is going to be "no diagnosis in service". Therefore, the important factors are going to be did you continue to "show signs" from 96 to your current diagnosis - if so did it meet the Dia or Sta requirements in CFR 38 - how frequent these signs showed up ( once or twice or were they near constant) - and the get all of VA comp will your doc say that your diagnosis probably the result of those signs. Just something to think about. Oops sorry I posted more than a couple of things

Mine told me that he was retiring so I would have to inform my new congressman in late Jan of Feb 09. Worthless, all of them are worthless. jmho

Excellent post Rockhound. That is why hadit exists..........Rock has provided the correct answer to your post. I guess he is worth something after all hahahahahahahahaha

The EED should be when you began the process or the date the medical evidence proved the increase in disability which ever is later. When he writes the IMO it should start out something like this: letterhead to whom it may concern: I am an ear doc with x years experience. I have been board certified since............. Mr X has been a patient of this center since 1983 for his hearing loss......... This will preclued the doctor shopping theory. I have reviewed all pertinent medical records to include his service military medical records and his post service treatment records. Confrimed medical history provides that Mr. x sufferes from severe hearing loss as provided on his latest audiogram dated. The results of this test provided that Mr.x's hearing level is as follows: Left ear...........right ear............ speech recon............ This data provides that his hearing loss is severe in nature requiring the use of hearing aids blah blah blah. In reviewing Mr. X's medical records it is noted that he served in Vn as a ............ during which time he was exposed to excessive high levels of noise. Along with this he also served as a ..........in which he was required to fire..........type weapons which also exposed him to excessive noise levels. As a board certified ear doc it is my opinion that his current hearing loss is more than likely (least as likely, due to) these activities he was required to perform during his military service. Rationale, Rationale, Rationale, -----My opinion is based upon the following facts: It has been my experience in treating patients such as Mr. x that previous employment activities such as generator operator, rifleman etc do reult in the type and level of hearing loss that Mr. X suffers from. It is also the current accepted opinion of the american audiologist center (whatever they call themselves) that patients who have been exposed to highlevels of nosie such as that that Mr. X experienced during his military service results in the same type of severe hearing loss that Mr. x suffers from today. I will stop here cause if I go on I will have to charge you 5000.00 for providing you with an IMO hahahahahahahahahahha. This should give you an idea of where you need to go. Heck ask the doc if he minds if you give him a draft to work from. Most do not and actually appreciate it cause it saves them time. A doc will not sign anything if he does not medically agree with it. PS.... the terms ear doc etc are a Ricky the clown way or writing on Hadit so if you draft him something make sure you do not offend him by writing like me!!!! hahahahahahahha

Shane, when you go poking you gotta poke them all

Sometimes negative feedback helps us to see more cleary my friend.

Does one have to report any unearned income, assets etc..... on an application for SSDI. I am just curious as to how the judge knew anything about your assets if they were not from current employment. Does this mean that one who has worked for the past 35 years and invested well and then becomes completely disabled can not draw SSDI? If that is the case I will give everything to my children if and when I reach the point of having to apply for SSDI.

Although I am only 52 hahahahaha, I have only heard of it happening a handful of times.

I second this.

New and material evidence is your problem with this claim. the statement of "was consistent with truama damage" is not new and material. You are on the right path in seeking another IMO. In this one you are going to need a diagnosis, the ole at least as likely as not due to your service and a VERY STRONG AND COMPLETE MEDICAL RATIONALE!!!!!!! If the Audio guy will fully explain his opinion tying all of the noise you were subjected to to the high freq loss in your discharge exam along with a new exam which shows a higher level of loss than any exams have before then this will be new and material. From reading through the post it seems as todate no one has provided a complete medical rationale. If he only states that you have hearing loss and that hearing loss is due to people being exposed to loud nosies then once again you will get a denial. At this point they could care less even if you have a complete loss of hearing cause so far no one has tied it to your service. One or two time mentions of things in SMR's does not in its self prove service connection -a doctor has to say it was and provide a complete medical rationale. Talk to your doc and fully explain the little quirks of the VA before he writes the IMO!!!!!!!!!

The VA might just rate you higher depending on the ROM during the exam. You do not have to give up anything but the comp. If you are authorized med care, exchange etc...... that will all stay the same as you are a chp 61 medical retiree. On the comp it will be a dollar for dollar exchange.

In previous posting it has been noted that mary jane has become legal for medical purposes in more states. I believe that whoever sent you that letter has maybe tried to assist veterans by doing some medical research - maybe a little bit too much testing. If you are drawing VA comp then you do not qualify for a NSC pension - double dipping at its finest!!!!! Also even if you could I do believe that receipt of comp at the 100 percent level would evelate you above and beyond the income levels....

Just a couple of things: "demonstrates hearing loss" is not a diagnosis and as we all know you must have a diagnosis. Demonstrates hearing loss also means that your hearing was not the same level as it was when you either enlisted or based upon your last hearing test in service. However, a doctor simply stating demonstrates without a hearing test to confirm such a statement just ain't enough water to float the boat. Once again on hearing the high pitch nosies - you have to have a diagnosis. However, I agree with JB on this one in that it would have to looke a closley. Was the evidence used to SC it in 2008 the same evidence that was available in the claims folder during the previous denials? If not then you may be trying to walk up a hill that is to hard to climb. jmho Your contention that the army messed up is a bad one. You messed up my friend by not demanding a hearing test. However, even if you did demand one, one's hearing has to be pretty bad before it reaches a compensable level.