Buck52

File you never know what the VA will do?? if you can get a Dr stating that its due likely as not from your military service,(From your current PTSD'') but I'd think you would need a reason especially if you were not treated for PTSD while in the military..if not it would be hard to connect the two for Secondary to PTSD. just because the VA diagnose you with S.A. and gave you a CPAP machine to use is no excuse it can be S.C. But as Slick mention it can be done. Your buddy statements will help but I'd think you will need more evidence than that. jmo ..............Buck

USAF-VET I'm only guessing but it sounds like to me your Audiologist didn't believe you about the tinnitus. &usually tinnitus is for both ears at 10% that's 5% for each ear...I think because they can't tell if it's just one ear or not? but the VA has them to rate both ears at 10%

You may need to go to a private audiologist and take your VA medical records str's and let the Dr read up on them and have the Doc to go by VA criteria and the Maryland CNC word test. Just be honest and let them know why your there be up front with them. you can ask your VA audiologist Dept for a CD of the Maryland word test they use & request there hearing criteria also or you can ask the private audiologist to call the VA And ask..they have to give it to you and maybe a small fee for the CD. Keep in mind Not all Docs will do this but some will you just have to check around and usually let them know there fee is no problem. A ENT Doc is best for this/use his Audiologist. OR you can find the hearing test criteria for VA here on hadit print it off and take to the private Audiologist , Then while your there tell them about the ringing in your head/ears...and how it effects your life. you can get notarized statements from family and friends to attest to your hearing problem. this all can be used as new and material evidence. Be sure and ask the Dr if he/she can state I have read his prior medical records & his hearing loss in his/her opinion was/is caused from his prior military service as at least likely as as not'' from the loud noise he reports of loud daily noise from the flight line he worked on while in the military and his MOS is? you have noise induced bilateral hearing loss which occurs over time from your ears being around loud noise while in military and this veteran states he has not been around loud noise before or after his military service veteran states that he does not hunt or fish. This is the Audiologist Impression and he/she is not labial to the VA or any Federal Dept. this usually cost extra but well worth the $$ jmo ..................Buck

Also never believe what anyone tells you over the phone if they work for the VA...You can request them to send you a confirmation letter in the mail or email. but if your told something over the phone via VA Employee you can't touch them with a 10 ft pole. it has absolutely no meaning. jmo ..............Buck

If you hear something from your VARO in 30 days I wish you luck...usually they send it back to the BVA...BVA sends it back to the AMC & Back to your RO, When you call and ask about your claim in that 30 day period you will probably get an answer something like ''your claim is being remanded back to the BVA for VLJ if your lucky? if not. then your welcomed to the VA Hamster wheel.

Beings there are no current testing for tinnitus, the veteran needs to let the audiologist know about the ringing in your head/ears...of what the sounds sound like to you, theres vets that say they have this awful ringing in the ears and some say it sounds like a hi-wire hum and crickets and frogs siting on a creek bank what ever the sound is like describe that sound or what you think it sounds like...the audiologist will or should say you have tinnitus! you have to tell them this sounds is about to drive you batty. .jmo ................Buck

LOL @ Gastone. Taking Opioids can and will stop you up, I find by not taking in lots of dairy products helps a lot & eat more green veggies, protein and fiber. you might ask your Dr if he/she can give you those packets that you mix up and take the night before you have a colostomy ...that sux but it will clean you out . and then watch your diet. jmo ...................Buck

If your denied on most of these conditions I would question this examiners credentials for speciality medicine. and go see a specialist for IME/IMO to rebuttal this examiner. Also check and copy your medical notes from my healthyvet notes...that pertain to your claim use as evidence. ...jmo ..............Buck

Congratulations I am happy for you, even tho 90% is hard to get away from but when your disabilities worsen be sure file increase. I would recheck the S,A, OSA Especially if the VA gave you a cpap and also the IBS? also would appreciate your help and stay on hadit to help other veterans in your situation. ....Buck

I agree with you Jerrel btw it was good hearing you last night on the hadit radio show, just take it eazy a while do as Dr's say. to go through the surgery you had to go through and already home in a few days & getting the radio show going I Applaud You. I wish you a safe and speedy recovery & you hear something good on your claim's soon Take Care Buddy .................Buck

After every attempt to get a claim decided and after a writ and they still deny, If it was me I'd send in a request for a panel of Judges to decide my claim. especially if I have probative evidence that is favorable to my claim. but as asknod mention they will usually decide a claim without the write . if a claim is decided with a writ that makes the RO &BVA ,AMC all look like they failed to do their job asknod mention he only knows of maybe 2 or 3 writs that were used to decide a veterans claim. its a low percentage...this is what a Writ will do but the vet or his rep needs to pay the 50.00 bucks or so and get one filed. A Good well written writ following all VA Procedures usually will light a fire under there assperollo eh!

Vync This was an initial first time claim for PTSD they put all my percentages together and they met the Criteria for SMC-s H.B.....I never requested the HB but I'll take it. I believe they got it right after reviewing it some more. Thanks Buddy ...............Buck

Here ya go flores97 Oklahoma City VA Medical Center 921 NE 13th Street Oklahoma City, OK 73104 405-456-1000

One of the biggest problems in remand the veteran is an outcast so to speak, when his claim is in remand and going back and forth to the AMC BVA and back to AMC....who does he call to find out anything about his claim status? the 1-800 No is no help, Checking with IRIS is no help...when all they usually will say is your claim is being remanded and they don't say why so you get the same old answers every time. We veterans need a Number to call to check on the status of our claims even if its in remand and we need to get an honest answer some vets claims have been in remand for years and there's just no need for it when a Judge or a panel of Judges can step in and decide his/her claim. The Veteran needs a number to call for instructions for him to do this or at the least find out about his claim status. usually by this time the vet is highly represented with a great well experienced VA Law Attorney...but even then if his claim is in remand for that long there's no guarantee a Attorney can help. jmo ................Buck

well most of the time a writ from the veteran or his rep will help , but it won't win for you they decide your claim before the writ, if a writ is approved that makes them look bad bad and about getting the veterans claim adjudicated & why has the claim been in remands for so long going back and forth to the AMC TO BVA. Some veterans claim have been in remand for years and there no need for it and while the veteran waits his c-file is going here and there and things in it getting trashed took out missed place lost ect,,ect,, and by the time the veteran gets his c-file its a total disaster. asknod was on the hadit blog radio show last night he or his rep wrote up a Eatrodnary writ of mandamus & got the ball rolling after years...or within 45 days after filing it. The writ seems to wake there butts up. I'm not sure on this but I think or recall broncovet had a writ but was still denied? But even with that a writ will get things going and cause them to start running around and they know they need to do something because this veterans is serious about his claim or the judge will just decided the claim him'herself. .....JMO ..........Buck

The first question tells you what this is going to be. you need a diagnose from the VA. Yes in my opinion you will be denied. theres nothing to NOD about? unless you have all records hat will dispute this examiner! if you don't have a diagnose then that's a big part of being denied. you may get some medical records &new IMO and treatment records&meds your taking off myhealthvet notes and send them in and make copies of all your medical and anything that favors your claim and take with you to a C&P. I'd say you need to start over here hoss. .............jmo .....................................Buck

This may help some? but its hard to ask VA about remands and why they go back and forth. BVA TO AMC BACK TO THE BVA, THERE LITERALLY Playing around with your claim as you get older filing a Extro- writ will shake the tree but it probably is the best thing to do if your claim keeps going back and forth and you sit there and wait &wonder...but a writ will make them get off the lazy butts and work your claim http://thomasandrewslaw.blogspot.com/2011/02/when-does-va-handle-remand.html ......................Buck

Yes Mam I agree I feel the same way. 1997 Is when MsTbird founded Hadit

if your claim has been decided you can check with the Veterans Benefits Administration (VBA) at your VAMC For your QTC C&P Report. if its been over 30 days. As for as adding the % of a temp rating to others that are static in nature meaning they will not get any better in your life time to a Temp rating I don't think they do that??..but I'm not sure? other elder members would know that answer like Ms Berta ,Asknod,Gastone , broncovet and some others.

If the laws changes in 82 &90 help wth your claim dig them new laws up and add them in with your claim to make your point. ...................Buck

The effective date is usually the date filed/Intent to file or the original claim filed the VA goes back to the Intent to file claim as the effective date but when doing the math its different than what we think we should be getting because they use the following month to pay! example Intent to file date is Feb 1 2016 and the effective date is the same but the VA don't pay for Feb1 date they pay the following month which would be March1st 2016 I thought they paid from the effective date too but under the reason and bases of ''WHAT WE DECIDED'' it states they pay from the following month.

All I know is the cpap machine has helped me get some decent sleep, I am thankful someone invented a better & safe way to sleep other than having the surgery. its a bit uncomfortable but you just have to get use to it, I don't put mine on until I get really sleepy...that seems to do the trick. ................Buck

I wish you the best flores97, I hope you get to Oklahoma in one piece and your flight goes smooth & Dr Ellis gives you a great report on all his examinations for you. It's to bad we have to travel this far to get medical opinions b/c of the VA medical system is so messed up. btw was you born in 97 or is that the date you got out of the military? take care ............Buck just curious

Gastone No SMC-K I just got the SMC-S H.B. I Think they have the EED Correct because they went with the Nov 1 2015 Date that's a month following the effective date. I can't find anything when they can go back a year or when the illness first was diagnosed? They go by the Intent to file date and begin payments following the effective date of Oct 2-2015...hence the Nov 1st 2015 Start payment Date so I think that's correct after further reviews. I'm not sure what you mean FDC A SMC-K? The SMC-S criteria was was met after the 70% rating on PTSD With what I was already rating at a combined 90% TDIU P&T Rating being paid at the 100% rate. Thank you for your reply. ............Buck

We have a lot of new veterans come to this site daily for help and most don't know about how the VA is about filing claims, so they come here and seek their answers.....rather or not that could have an old related in-service injury or a new one, they come here to ask questions on how or what should they do about the process of filing a first time clam, they are clueless to the VA System...rather a 0%SC or up to the full 100% to TDIU Were all here to try to help. so ever now and then the same questions will be ask. ...............Buck