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All-American Airman
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Posts posted by All-American Airman
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On 1/4/2016 at 8:55 AM, Buck52 said:
Can you post your decision and bases of there decision?
black out any your name and SS # any personal information that may identify you.
was this a C&P Exam for rating purposes?
.................Buck
Buck 52 here is the decision letter.
I was awarded 0% for left ear hearing loss.
Denied for right ear hearing loss.
This was from a C&P exam for rating purposes.
On the NOD I have appealed on the evaluation of the disability and on the basis that no word discrimination test (Maryland) was conducted, and will start trying to find a local doc familiar with this test for IME evidence.
Thanks again to all for their posts and advice.
click for full view on each
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Ms. Berta, thank you so much for sharing that info, after calculating the deadline, from the initial decision 3/19/15. Today 3/18/2016 is the last day of the one year appellate deadline. So I'm good.
I faxed my NOD and evidence on 3/16/16.
Just in case I also mailed it in certified to Evidence Intake yesterday postmarked 3/17/16...they should receive it today.
I knew it would be close, but I thank God I was able to get it done before the deadline.
I thought I had it in the bag for a reconsideration and was content to not file a NOD if they would have granted service connection just for the cervical issues and left arm radiculopathy.... which prob would have put me at 80%.
Lesson learned. I'm considering hiring a lawyer. Thanks again Ma'am and God bless you for all you do for everyone here.
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UPDATE
On Sept 6, 2015 I was seeking a reconsideration request and sent in new and pertaining evidence from STR's in the Reserves, 4138( which clearly states my intention that this evidence is new and was not used by the rater, and private physician records to seek service connection on my initial claim for neck pain, upper back cervical condition, and opened a secondary radiculopathy left arm.The mistake I made was sending it to the Claims Intake Center instead of the Evidence Intake Center in Janesville, WI. I was confused on the address since they are almost alike. Go figure just what the VA wants.
I then received a develop letter in a BBE from the Evidence Intake Center 9/18/15 stating,
"We received your correspondence indicating that you would like to file a claim for benefits. VA regulations now require all claims to be submitted on a standardized form."
"In order for us to begin processing your claim, you must submit an application for benefits. If you do not feel ready to submit your claim, you may also submit an intent to file identifying the general benefit you are seeking." This is ridiculous!
9/26/2015: I thought well ebenefts my be a quicker option so I went in and reopened these contentions that were denied and submitted all this evidence of about 84 pages.
9/28/2015: I received another development letter from the Houston VARO, " We have received your application for benefits. It is our desire to decide your case promptly. However as we have a great number of claims, action on yours may be delayed. We are now in the process of deciding whether additional evidence or info is needed.
I dont recall the individual time frame for each stage so I watched for almost 4 months and waited patiently on ebenefits how the timeliine went claim received, under review, gathering evidence, review of evidence, preparation of decision, pending decision approval, preparation for notification, I would also see a prompt (documents are overdue) in red which was on their as they were not request for documents from me.
1/20/2016: Decision Letter from Evidence Intake Center Janesville WI in BBE received states," We made a decision regarding your entitlement. Your claim was not processed under the Fully Developed Claim (FDC) because you elected to opt out of the program. This letter tells you what we decided. It gives the evidence used and reasons for our decision. We have also included info about what to do if you disagree with our decision and who to contact if you have questions or need assistance. Of course they reopened the contentions neck pain, upper back cervical condition, radiculopathy left arm, and then denied them both w/ typical statements, condition was not incurred in or aggravated by military service. Evidence considered VA rating decision and all evidence listed on this decision, 3/17/2015(C&P exam). Private Treatment records 2/3/2015, VA form 21-526 EZ: Application for disability comp and related comp benefits 9/26/2015(ebenefits) Service Treatment records 12/8/2008.(Where they got this date from is beyond me?) USAF Reserve STR's I submitted when I had an accident leading to the neck upper back cervical issues that were diagnosed as cervicalgia are clearly from 2011.
Well I procrastinated and the March 19 2015 is the date on the initial decision on the Houston VARO's decision letter to file my Notice of Disagreement (NOD). I faxed in my NOD and appealing the ruling on 6 denied issues, neck pain upper back cervical condition, radiculopathy left arm, I mailed it in with the 84 pages of evidence that I was hoping to have my reconsideration granted to the Evidence intake center today overnight express certified return receipt. The only questions I have on this is: Does the NOD have to be received by them prior to the 19th. Or does it have to be postmarked before this date. Thanks to all who would like to comment or provide insight.
So much for the VA' s duty to assist me! They totally screwed around, and ignored all the evidence....well I'm privy now to the games. How they get away with this is incomprehensible! I share with you all the same sentiment ...disgust ,same frustration with them. (Cliche vent) They are out of touch and have no remorse for their actions. I've just begun my fight and I'm in it to win it and will not give in or give up. I've got all the time in the world.
Thanks to all who would like to comment or provide insight.
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9 hours ago, boomer2 said:
Was this a C & P exam for HL? If it was you should file a NOD, they have to give you a complete audio test to determine HL and the word discrimination is a part of it. There is no test for tinnitus, they probably rated you from the MOS list they use to determine your risk of HL.
This was a C&P exam for hearing loss claim and was conducted through a QTC clinic. I claimed tinnutis and was awarded due to the career field. I will file an NOD before my time is up since the test was bogus due to not being complete without the word discrimination test. Thank you.
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Hello everyone, I was rated at 10% for tinnutis due to being an F-16 Aircraft mechanic and claimed hearing loss in my initial claim. I was given the exam by
an Audiologist, but it was only the test to determine the loss of hearing with the clicker and listening for the tone.
They were also very high and noticeable at the start of the tones threshold.
In other words, there were no tones that I could barely hear and then the gradual increase like in the occupational health hearing exams in the military.
Can anyone else give some feedback or insight.
She also did not conduct a word discrimination test either. I remember reading the award letter and saying to my self she never did that.
Does this make the exam null and void?
Thank you to all the contributors to this forum who are helping, teaching and empowering Veterans with this knowledge.
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Yes Sir I did do a search and your right no willful misconduct or anything forbidden by law was done on my part. Thanks.
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Well Sir, I went ahead and sent everything certified return receipt. hope that they don't ignore the regs or stall and rule favorably and quickly. Good luck to you. My VARO is in Houston.
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I wouldn't listen to that lazy assed VS0 anymore, if I were you.
Submit what you have.....
"I should have sent them my STR's from the reserves..."
But if VA was aware that this was an injury while in the Reserves they should have obtained them.
Make sure you send them copies only, and state on the 4138 exactly what is attached, and put your C file number , name address on each copy and total the submissions and get proof of mailing, if you are mailing this in...I am still not familiar enough with ebenefits to know if this stuff can be uploaded there...
Also I would put on the 4138, Attention To and then the Initials that appear in the alphanumeric code to the right top of the award letter from VA you got.
Those initials are the last person who looked at your claim and your c file might still be on their desk.
A reconsideration request (more info here under a search) does not stop the NOD one year deadline but can prompt a better award if they dont stall on it.
If the VA DID have your Reserve STRs ( and listed them as Evidence but didn't use them to determine that part of the claim)
they have committed a CUE and you could file that too, stating they violated basic VA regs and case law, within 38 CFR 4.6:
"§ 4.6 Evaluation of evidence.
The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."CUE however is like the Watergate question...what did they know and when did they know it.When VA knows of 'evidence' that affects the probative value to a claim and completely disregards it at all, they have 'manifested an altered outcome' to the veteran and have failed to render an equitable and legal decision.There are always countless remands at the BVA due directly to VARO violations of this basic VA law.Hello Ma'am thanks for your reply and advice.
Yes he was against the idea of me submitting without an LOD and gave me other advice like," You shouldn't rock the boat as if I should be satisfied with what i awarded and that the VA could come back and say quote, " Well you were right we can service connect you for your injuries but in the process we determined that your lower back issues should get better so you should be 10% instead of the 20% we awarded you."
Everytime I have been in there to talk to someone its as if they want to steer you in another direction or they don't really want to help you....so I ask myself what are they there for....seems to me like their there to stall, be counter productive and not help you fight for the denied disabilities.
"If the VA DID have your Reserve STRs ( and listed them as Evidence but didn't use them to determine that part of the claim)they have committed a CUE and you could file that too, stating they violated basic VA regs and case law, within 38 CFR 4.6:"§ 4.6 Evaluation of evidence."
In the award letter the evidence considered:
VA examination, VA form 21-526 Veterans FDC, VA form21-0820 Report of General Info, STR's from May 17, 2001 through Aug 16, 2008 which is my AD service. No reserve STR's. Not sure why and if they were aware of injuries as a reservist.
Anyways hopefully they will acknowledge their oversight and I will post the details of the outcome.
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Good day to all,
Here are some specifics to gain a better understanding...... FDC took effect and was awarded 70% around late March. I was prior AD Air force and seperated 08. I joined the AF reserve in 2011. The issues on my FDC that I was denied for 1) cervical and upper back pain 2) bilateral numbness pain and tingling left and right arm.
These issues originated while reporting for annual tour at my reserve unit while on Active Duty title 10 orders 2011. I had a pretty bad motor vehicle accident. Hit the median and blew a tire..went airborne like the Dukes of Hazard and lost control, spun out and jumped the median sideways landing upside down on the opposite traffic lane and flipping upright.
I have the AD for training orders, the ER visit btw, treatment and diagnosis of cervical strain/whiplash, mishap report from my unit, service treatment records at the base urgent care and later physical therapy for cervicalgia symptoms. No LOD was ever given to me only intiated which is one of the issues I have. I have that letter as well. I am no longer in the reserves either.
I also have private physician records just recently of X-ray and MRI that shows evidence of worsening conditions which are 4 cervical disc bulges. A Neurologist that I have been seeing conducted an EMG exam that shows evidence of bilateral radiculopathy/neuropathy. In the award letter the VA stated the evidence used to determine the claim, came from only Active Duty STR's. Also the contentions were denied in their words (No link was found to military service) I was a newbie and was completely naive about the whole claim process. I should have sent them my STR's from the reserves....
I went to my VSO organization and met with a counselor, talked to him explaining all the new evidence I had and what next steps take. He asked me if had an LOD then tells me that without the LOD the evidence doesn't mean anything. That they wont even look at it and it would be a waste of time to submit it....Is this true? I am submitting all of it, with a statement of support 4138 and requesting a reconsideration to SC for these denied contentions.....because in essence they did not have it. Please if anyone has any thoughts it would be greatly appreciated. Still a newbie but so grateful for the members here and their knowledge. Thank you for all that you do to research and the information that empowers us. I will keep you posted.
God bless, All-American Airman
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Hello everyone,
Good day to all. I have some questions on my FDC and on the next course of action I should take. My FDC happened late
March, and I was awarded a 70% rating for my disabilities. I served Active duty from 2001-2008 and am now a reservist since 2011 .
All the evidence that was used to determine my claim came from only Active duty STR's and recent according to the award letter. Here is the breakdown of contentions that I have questions on.
1. bilateral plantar fasciitis with pes planus(flat foot) 10%
- We have assigned a 10 percent evaluation for your bilateral plantar fasciitis based on : Pain on manipulation of the feet. Pain on the use of feet additional symptoms include: Mild symptoms
- A higher evaluation of 20 percent is not warranted for flat foot, acquired unless the evidence shows unilateral severs symptoms
?? Can they combine these contentions... or should they be rated separately
2. left ear hearing loss granted 0%
- We have granted your claim for hearing loss, left ear. Service connection is warranted because your military occupational specialty of aircraft maintenance is consistent with acoustic trauma and your left hearing loss has been linked to that acoustic trauma.
- Your VA examiner opined that it is at least as likely as not that your left ear hearing loss is due to military noise exposure.
- VA examination findings show the left ear with 96 percent discrimination. Decibel loss at the puretone threshold of 500 Hz is 20 with a 25 db loss at 1000HZ, a 20 db loss at 2000 Hz, a 30 db loss at 3000 hz, and a 40 db loss at 4000hz. The average decibel loss is 29 in the left ear.
- An evaluation of 0 percent is assigned because your left ear has a speech discrimination of 96 with an average decibel loss of 29. The evaluation for hearing loss is abased on objective testing. Higher evaluations are assigned for more severe hearing impairment. Right ear was denied...sigh.
Can I see a private ENT doc and get tested to refute this evidence. I remember that the tone on the machine started out at such a higher volume than the one I expected to hear and am used to. In the Air force you heard very faint series of tones that started out where you could barely hear them and then they gradually became louder and easier to hear.
3. Allergic Rhinitis
- Service connection for allergic rhinitis is denied since this condition neither occurred in nor was caused by service.
- We did not find a link between your medical condition and military service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.
There is evidence of a diagnosis of allergic rhinitis in my STR's and medication prescribed for allergies. My allergies have gotten worse to the point that I went to the doctor twice this year for infections and I cannot go a day with out medication. Will see if I can get a current diagnosis from the ENT doc soon.
If anyone has thoughts or advice for these issues it would be greatly appreciated.
I am also in the process of submitting more additional evidence to the intake center for contentions that were denied service connection for neck/cervical spine issues (4 disc bulges) that I have just been diagnosed with from an MRI exam.
Also radiculopathy in both left and right upper extremities.( fun stuff) Just had an EMG done with a Neurology doc and the evidence is there.The issue can be attributed to a motor vehicle accident while I was on annual tour on Active Duty orders.
as a Reservist back in 2011.
I have copies of orders, mishap accident form, treatment diagnosis from ER, and physical therapy in my reservist STRs. LOD was never done though. Not my fault I gave them everything they asked even the police report they said they had to have to initiate it.
I am now undecided as what would be the best course of action to take. Should I just submit additional evidence for them to consider and possible award those denied contentions?? or would it be best just to file the NOD now and submit all evidence that I have right now and submit the rest as I build a case with a private doc for each denied contention?? Should I get an IME/IMO done by each specialty to refute the denied contentions.
I am now seeing a pain management doc for neck and back issues.....and not to mention all the secondary service disabilities that are now manifesting like the pain in hips, knees, feet, soft tissue pain.....like I have the body of a 65 yr old man and im only 41.
God's grace is sufficient because I stay away from all the drugs mostly... just an 800mg of Motrin the good ol Vitamin M from time to time. Any advice would be of great assistance. Thanks to all who contribute to this forum and for your expertise. May God find favor on you all as you fight the good fight. Have a blessed day
Very Respectfully,
David
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All-American Airman,
Congratulations on your award.
For future claims, I would never depend on the VA to gather any evidence for you including your STRs. If I was you, I would request a copy of your c-file from the VA so you can see exactly what the VA has in your file. If the VA does not have your STRs, you can request copies of your STRs by going to Archives.org
You stated the VA "overlooked or just plain ignored other things in my STR's or perhaps just didn't have those records in my STR's from what should have been there from AD service." Did you have claims in for other issues that were denied? What were the other things in your STRs that were overlooked or ignored?
Good luck to you and thank you for your service.
GP
Hello Georgiapapa,
I had other claims/ issues that were denied. Compensation for depression, was deemed not service connected. Hearing loss was granted 0% for left ear and denied for the right. Right and left wrist pain, breathing difficulty, allergic rhinitis, right hip, left knee, neck pain, upper back cervical condition, pain numbness tingling in both right and left upper extremeties.... all denied for service connection
When my claim was in the gathering evidence stage they asked me send a statement of support letter 4138 to clarify what I was claiming because bilateral wrist pain, breathing difficulty, right hip pain, left knee pain, neck pain etc were not legitimate claims...they had to be more specific. You can thank my VSO who helped me fill out the claims forms. I sent in a 4138 naming those specific disabilities and what they should have been claimed as...such as breathing difficulties should have been claimed as sinustis, shorthess of breath. etc. But they must have not considered the 4138 and ruled on the case anyways and it went into a FDC.
V/R,
David
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Good day to all...I am so glad I came across this website. I also have learned a lot in the past 3 months and wish I would have done my own homework before I submitted my claim in Jun 29 2014. VSO helped me submit it but the person there who supposedly was there to help me was a total jerk and some other words I cannot say. Fully developed claim happened around late Feb and was awarded 70% in Mar 2015, which I was thrilled, and of course the retro was nice...but they overlooked or just plain ignored other things in my STR's or perhaps just didn't have those records in my STR's from what should have been there from AD service. I also was denied one disability at the C&P exam which was done by QTC clinic here in San Antonio(what a joke). For now I am trying to figure out the best way to fight this decision and sure that this forum along with the helpful advice from the contributors on it should help me determine the best course of action to take, as I will also claim secondary disabilities soon. Need to gather more evidence and make some DR appointments. Take care and God bless.
Very Respectfully,
David
Audiologist never conducted a word discrimination test
in Veterans Compensation & Pension Exams
Posted
I did not obtain copies of any documentation at the time of my C&P or any notes from the Audologist. I was pretty naive about the whole process. I will look into costco for their HL test, though.
I consider it strange that the audiologist didnt do a word recogniton test on me or how the score was calculated.
I'm glad that my left ear was at least SC for 0%. But the issue I have if my hearing is so good then how come I have so much trouble understanding people. I hear what they are saying but alot of the time I am not clear on whats being said...so I say alot of huh?, what?, and people get frustrated with me and I have to let hem know that I'm sorry but I dont' understand you from my days of working on the flightline. lol
I'm sorry but I did not ask for any C&P DBQ's or notes. Are we really able to get a hold of those records? I wish I had known that. During another exam I sat through waiting patiently not knowing what to ask from the doc. I sat quietly watching him work on that DBQ on the computer. He would turn around and occasionally ask a question or two but was standoffish like he was just there to get it over with. I wish he had gotten me off the table and filled me in exactly what the heck he was doing...at times I would peek over his shoulder,lol. But I am thankful for this forum and everyone on here who contributes.