tcannonsr

I very much appreciate all the congrat's....and the advice. Update: My PTSD therapy has been extremely tough. My therapists are wonderful but it's still scary to go through. This big bad former ground pounding killer has been humbled and....I'd like to think I'm man enough to admit it....I'm a little afraid...but I look at it as a start and not an end. Once I can get half way squared away...I plan to devote whatever I can to help other vets....develop a hobby and...thanks to Asknod...look into the ILP program. God bless to all of you guys/vets.

I don't know where to begin. I'm overwhelmed with emotion, numb, shocked, happy, grateful to the VA and the many people/vets who have helped me along the way....I'm still taking it all in. My journey began when I returned from being an Army ground pounder in Vietnam in 1970 and realized that my world and my life was never going back to normal like I thought and hoped it would. I went through severe depression, drug addiction, hopelessness, booze every day, suicide attempts, not being able to hold a job, anger, fights, nightmares, anxiety/panic attacks. Twice I asked the VA for help. Once shortly after I returned home and, again, in 1974 when I was a complete drug addict after my second suicide attempt. Both times the VA rejected me and told me to "suck it up" and move on. I turned away from the VA for 40 years. I don't know how I made it this far except by the grace of God and my wife who has stood by me. I have always felt I should have been left dead in Vietnam as the killer the Army turned me in to rather than live in the hell I've lived in since I got back. Long story short....other vets talked me into returning to the VA for help and I'm glad I did. During my first PTSD therapy session the shrink committed me under suicide watch to the VA hospital under court order. I've been in PTSD/substance abuse therapy now for 6 months, had my C&P two months ago, didn't know what the rating was going to be and when it came in 100% PTSD/MDD Total and Permanent I just couldn't believe it....stunned is not the word!! This will allow me to dedicate myself totally to my PTSD therapy and trying to live the rest of my life as good as I can. The moral of this story is, for vets struggling to fight the good fight with the VA,....hang tough...persevere....because, for what it's worth, I truly believe the VA is doing everything they can to "redeem" themselves. You must present your case clearly and properly but the VA now seems to be bending over backwards for vets. It has come way too late for me but it doesn't have to be to late for others. Vets should also lean heavily on this website. There are many extremely knowledgeable contributors on this website that have a wealth of information/expertise and they are more than willing to help you. I want to thank everyone for their help. I will be dedicating myself to helping other vets. Vets SHOULD help other vets.

Thanks to stillhere, Tbird and Buck52. All of your recent contributions to this topic are SUCH good valuable info...for me...and other vets. I appreciate it. Thank you. Update on my situation. I filed a NOD with the VA after I received my 2013 service connected 10% hearing loss and 10% tinnitus decision asking the effective date for both to be backdated to 1970 versus the 2013 effective date and then retained an attorney to represent me. It's been over a year and a half since I filed the NOD with the VA and, out of the 8 steps the VA takes to make a decision, the NOD is STILL on Step 1. No movement at all!! Incredible!! My attorney says they don't find my NOD hanging for 1 1/2 years with not movement in the VA decision process unusual. I am determined to win this fight no matter how long it takes. Whisper tests administered to vets, like me, when discharged from military active duty are an injustice. And, I believe, the purpose for giving whisper tests versus a full audiology hearing test like vets got, like me, before entering military service was...at the least....devious. The government was clearly doing everything they could to avoid paying hearing loss claims. I believe it's time for the VA to own up to it's mistakes and I, for one, will do everything I can to make the VA do that. Please keep the input coming. All of it helps.

Just got 70% PTSD disability rating. What is the best and fastest way to appeal that decision?

I'm looking for the best VA disability sleep loss and depression claims forum relating to SC tinnitus. Can you help me?

Asknod....thanks for the useful info. I don't thinks it's been quite a month yet...but if it goes on too long...I will definitely take your advice with a letter to the OGC.

Thanks for all the (simplified) info Carlie (LOL). At this point in this forum, their ain't nothing anyone can offer until I get my C file. Everything hinges on that C file. I'm also still waiting on a reply on my NOD (see Carlie...I studied the abbreviations). I will post the 1970 info from my C file when I get it. Thanks to everyone for all the contributions so far. THIS BATTLE AIN'T OVER YET!!!

Thanks Carlie for the simplification of your post and the links pertaining to 3.156c. I briefly looked at those links...and...at the present time...I am WAY over my head in dealing with the VA. I would imagine...after studying and understanding the info in those links...which obviously you have....a person would be considered an expert...which I now consider you. It will be nice to have those links as reference material. It will take me months...or years...to become proficient in the 3.156 material. Who am I to doubt or argue with someone with 100+% disability. Just so you and I are straight...the simplified explanation of your previous technical post...until I can get up to speed (months or years)...I would appreciate that kind of simplified version on how you explain things to me. You can make reference to stuff in 3.156 material in your simplified explanation so I can get the complicated VA version but I am a huge fan of the principle of KISS (Keep It Simple Sweetheart). One question for you....my C file (which I haven't received yet) I suspect will have no SC medical evidence I had hearing loss up to my discharge in 1970. I had an audiology exam at induction which indicated I had no hearing loss and only a whisper test at or after discharge which the VA said I passed and was the basis for denying my 1970 VA hearing loss disability claim. In the simplest terms possibly...your opinion of what the VA will try to do...based on this info...and the VA grants my EED...reduce my rating to maybe 0%...or what? Thanks. Have a nice day.

Hi Carlie. I appreciate the info. Your level of expertise is amazing....so amazing...I have trouble understanding what you said above. I'm just a good ole country boy from SC just trying to get by. Could you break down your above post in simple terms for me...like...you know...in plain easy to understand layman's terms I can wrap my country boy head around? I would appreciate it. I'd like to understand your post but don't. Also...what is a 3.156c? I don't have a clue what that is. It would be nice if you would explain a 3.156c is. I mean no disrespect...but we just don't talk the same language right now. I need your help but we're going to have to come up with a common language we both can understand. May I suggest to you that maybe explaining things to me in the simplest terms would be a big help. Thank you.

Thanks for the very valuable and interesting info Broncovet. I'm not into killing flies with a 357 magnum. I like to work smart, not hard, and I like to take the easiest and most effective way to achieve my goals. I'm just not experienced or knowledgeable enough in dealing with the VA to recognize that there might be an easier way to get my EED....sssooo...like you said...I got out the 357. I'm still waiting on my C file. The easiest way to my EED may be in my C file. I will examine it carefully. Until I get my C file...everything his hypothetical. Hypothetically...here is what I think happened with the info I currently have. 1. I filed a claim for hearing loss at or immediately after my discharge in 1970. I don't remember having a hearing test. I remember the letter denying the claim. 2. When I re-filed a claim for hearing loss in 2014, the VA sent me a letter stating I filed a claim for hearing loss in 1970, that claim was denied and the claim closed after one year. Unless I had "new and material" evidence to support my new 2014 claim, they would render a decision within 30 days which I assume meant they would deny the new claim. 3. I got the new and material evidence in a 2014 VA C&P hearing test and was awarded 20% disability. 4. During the 2014 C&P hearing test examination the audiologist showed me the reason my 1970 hearing loss claim was denied. She had my C file on her computer. The paper she showed me from 1970 was a hearing test results form similar to what she was filling out that day. All the paper had on it in 1970 was "Whisper Test" with no test results. 5. I don't remember having a whisper test in 1970. I think I would have remembered. I remember the 1970 hearing loss letter denying my claim. 6. I did not file an appeal to the 1970 denial within 1 year back in 1970. It's pretty clear to me from the info I currently have what the VA's position is going to be on my 2014 request for an EED. It's going to be I filed a claim for hearing loss in 1970, the VA denied that claim, I didn't file an appeal within 1 year and the 1970 hearing loss claim was closed after 1 year. The ED of my new hearing loss claim is 2014. End of story. My position has been....challenging my 1970 whisper test as medically inaccurate or challenging whether I even had a whisper test at all with a CUE claim to get my EED. There HAD to be specific procedures in administering the whisper test in 1970 rather than just stating whisper test with no test results. Now....with your info...I need to start examining EVERYTHING in my C file for inaccuracies....dates...times...ANYTHING!. SOMETHING that would have materially changed the outcome of my case to get my EED. I knew I had hearing loss back in 1970. I've suffered through it for years. And it's getting worse. Fortunately I now have my 20% disability but I want the VA to pay me from 1970. Why I didn't file an appeal in 1970...I was just another veteran that went away when the VA said no. I regret my decision not to appeal in 1970 but...I can't go back...what's done is done. What I can do now is try to make right a wrong. I'll keep updating this post as I get information in like my C file. Have a nice day.

Carlie...thank you for your clarifications. Vync...thanks for your support. Georgiapapa...I appreciate the info...especially the info on "The Handbook of Standard Procedures and Best Practices for Audiology". I've been looking for that exact piece of info. Now I have a something I can educate myself about on whisper test procedures. Georgiapapa....the ONLY difference between you and me is....you didn't file a VA disability claim back in 1970...and maybe if you HAD filed a claim in 1970...you would be trying to get your current Rating retro'd also. I'll know much more once my C file gets here but I just don't think I had a whisper test back in 1970 or my whisper test in 1970 wasn't administered properly. Based on what I've found out in some of the replies....an improperly administered test might not mean it's a CUE claim. Now my question is .....if my whisper test in 1970 wasn't administered at all or wasn't administered properly....where does that get me in terms of getting my current 2014 20% disability Effective Date of Rating retro'ed from 2014 to 1970?? Anywhere?? I need to do more research here on Hadit CUE's. I came across the exact legal procedure used to determine CUE claims the other day in one of the other posts but will have to look it up again. All of your posts have been helpful. I'm beginning to get the big picture on CUE claims...mainly a CUE case can be a highly legal and complex undertaking that...I'm starting to believe.....needs to be undertaken by an expert on VA CUE case law and procedures. Again...I appreciate all the posts...keep them coming....ya'll are giving me an education here!!

Thanks for the reply Carlie. I'm not sure what "SD'd" (sorry....I'm not up on all the abbreviations).means but I'm assuming you mean they'd try to reduce my current 20% disability rating for hearing loss down to 0% if my claim is back dated to 1970!!?? Anyway...if you could please explain...I would appreciate it. Also...where does your expertise come from....official knowledge...or...personal experience? The reason I'm asking is....I mean no disrespect... and your credentials above indicate you know your stuff....but I need accurate info. It might not be worth it to file a CUE claim if my current disability rating is reduced. I DO appreciate the info that "reasonable doubt" is a killer for cue claims.

Thank you for the info Berta. Your reply is just the type of info I'm looking for. I have requested my complete C file recently but I suspect it will take a while for the records to get here. I will post the 1970 C file whisper test results when I get them. Please stay in touch. I believe you have the experience and knowledge I am looking for with my CUE battle with the VA and need your assistance. I think I would have remembered a "whisper test" back in 1970....the test is so unusual. Of particular interest is the audiologist that administered my C&P exam for hearing loss recently in 2014 showed me my 1970 whisper test results on her computer while I was there. All the 1970 whisper test had on it was "whisper test" with no other data. The VA audiologist looked at me and said "Tom....this claim could and should go back to 1970!!". I honestly believe I received no whisper test in 1970. The audiologist stopped short of saying I had no whisper test back in 1970 for obvious reasons but the fact she implied I had a CUE claim I find encouraging. I also believe my 1970 whisper test results are THE key to getting my CUE claim approved. If I can prove reasonable doubt that a whisper test was not performed at all or done properly back in 1970, that would clearly be a CUE. If it comes down to "he said, she said" with the VA, I believe the lack of complete 1970 whisper test results just might prevail. I have tentatively contacted an approved VA attorney to possibly represent me in my CUE claim. I have not formally entered into any contract with the attorney yet. I would rather not if possible....but will if I have to. Again...thanks...Berta. If I don't reply right away...I still work 3 days/week and don't computer much during those work days. Have a great day!

Thank you Philip. Believe me I won't give up. When something is right...it's right...when it's wrong...it's wrong...and this "whisper test" for discharged veterans is simply wrong. Was the Korean war vet you helped win his claim a CUE claim? Do you have any info you could add to help me fight my CUE claim?

Can I get this transferred over to the CUE forum??? Please. I think It would be better there and I'd get more pertinent info.