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stillhere

Master Chief Petty Officer
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Everything posted by stillhere

  1. This is a start to hold them accountable for their leadership. I remember when in boot camp we had an inspection and our platoon came in second out of 6 platoons Our drill Sargent had us low call right after in our kacky uniforms no less!! Ha ha! they weren't much good after that! We won or tied the rest of boot camp after that! Lesson learned! Stillhere
  2. Jbasser, Why are you advocating legal representation when she has not really tried an appeal or anything? Just wondering? Stillhere
  3. Thanks for the comment PR. In my induction exam it showed the high frequency but in my denial of 83/84 it so no sign of hearing loss in pre induction. Then in my exit exam the doctor's note said unilateral hearing loss and otitis media but the report showed a almost perfect hearing test. Now I fully remember when getting out in 71 they were dumping a lot of us out giving early outs for school and stuff. The doctor examined me and then the tech came out and said I would have to stay probably two weeks longer to test further! At that point I said something sh--t and he said well you could sign a waiver and you can go. I did that and left. That was the big mistake of a 21 year old kid that wanted to get home. Stillhere
  4. § 4.2 Interpretation of examination reports. Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes. [41 FR 11292, Mar. 18, 1976] My entrance exam showed high frequency loss and my exit exam had notes written that stated unilateral hearing loss yet showed a perfect hearing exam with 5 10 and 15"s alway across! I feel the rater should have question one how a high frequency loss of 55db going in could have improved in combat and a war zone? and how a examiner would opinion unilateral hearing loss when the scores showed excellent scores all the way across? Stillhere
  5. http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=0aca7422fe8de29755d7f3e56d27291f&rgn=div5&view=text&node=38:1.0.1.1.4&idno=38#38:1.0.1.1.4.1.66.111 Give the above a read. Stillhere
  6. Well I disagree about the responses here and I will give you two very good experiences that I actually had with C&P doctors or examiners. In my very first claim (that is after my hearing claim of 1983) this claim in 2003 I was asking for DB2 and NP and the doctor noted that I had been prescribed Viagra by my private doctor and asked me if it worked. Low and behold when I got my decision letter I was awarded SMC for ED and I never applied for it! Another C&P I had to connect my heart problems to my DB2 there was quite a blood test preformed and I was sent a leter right away and even got a call from the C&P telling me to get in touch with my PC! It was then determined that I was anemic and I had to have that treated as well. Now I know this does not really help you with a claim or anything but I wanted you to know it does happen. PS I DON"T MIND YOUR CAPS! I am 70% hearing loss! Ha Ha! Good luck to you, Stillhere
  7. well i am not much on women issues but, whenever you find something that started in service and was treated it is quite a bit easier to get it SC. I don't know how many times we have said that getting your SMR's if you are in now or too anyone that has served to get them. They are a gold mind of what went on with you while you where in service. To your particular question I would check the rating criteria for the illness and see if it is rateable and go from there. Good luck Stillhere
  8. At the VA today and I stopped by the C&P office. There just happened to be a Dr. coming out and I stopped and told him I like to ask him a question about the young vets getting out know that have been in Iraq and he said sure. Told him I had a friend down the street who had what he thinks in excema and was thinking of claiming it. He said that it was pretty common and at this point no, but he said to tell you to come in and get it treated and go from there. Just like I said you have 5 years of free health care! Stillhere
  9. Put me in the ban Grouped! I like it here! This was the first site I found and have given me no problems and has helped me and my claims 100% (no pun intended) I am Stillhere
  10. Also remember that you have VA health care for 5 years after your discharge so you can get it treated first and in your records and then worry about SC, My old motto of treat it first then claim it, Hope you have a copy of your medical records from service and if you had it treated while you were in that will help too. The other thing while you are at the clinic/hospital check in at the C&P office there and see if you can get set up for an exam. You young people did a hell of a job and we old vets do not want you to have to face all the BS we have! Thank you, For your service! Stillhere
  11. Thank you Berta I will be doing some scanning later on and right now I am going to do some searching at BVA! This thing aint dead yet!
  12. Was this test done in audioloy office? I have been dealing with the VA for over 40 years with hearing loss and I have never had that kind of test? Did they say it was something new or what? Kind of strange. Stillhere
  13. So how in the world can I call cue on a decision from 1983 when I don't have a copy of the regs? I got a denial on my reconcideration for a EED by VA today and in their denial they said I would have to file an CUE or NOD. Now if I file a NOD a guess I would say that their date is wrong based on the facts in my folder and the time and the explanation of the reason I was granted hearing loss this time. Or do I file a CUE and say that based on the evidence on hand in 1983 there should have been an undebatable award of sc? Or is this when I get the lawyer involved?
  14. Thanks guys just got (in the mail) a decision letter on my request for reconsideration, hey did not change anything and told me to file a CUE or NOD if i still disagree!
  15. J what do you mean? How do I get the regs from 83? Are you trying to say that I did not meet the level for hearing loss or what? Stillhere
  16. When I check into ebenifits and click on my status it shows only my past awards and nothing on my current claim. Before it showed it in decisions review stage? Is everyone else unable to see there present claims? Stilhere
  17. I don't know John but I would question how they can ignore what is in our files. I know the VA gives reasons for denials now much more than in the past. I am astounded if they can ignore evidence and deny! What could they base the denial on when it is right there in the Cfile? Stillhere
  18. Thank you Berta I think I am beginning to see the light?! Yes my hearing test would/should have been rated 30-40% in 83. Stillhere
  19. This is something I personally have never understood. If someone is following a job through lets say (production) which I will refer to as "the claim" and it is on my desk and I am ready to make a decision, then all of a sudden someone sends me an update on the claim. What is the basis to send it all the way back to the beginning or as VA says "reset the clock"? Hell when I was in production I can recall hundreds and yes thousands of time I have had to make changes and still keep the production of what I am doing on time! Actually if a job was to come in production that had no changes/updates, or bumps in the road it would have been not normal! Reminds me of the time I was on vacation on an island and a hurricane came through that caused the ferry to have to stop running for 24hrs. one day. The ferry office put out a memo to all passengers that it would take a week to get back on schedule?? Huh? You missed 1 stinking day and it is going to take 7 days to get back on schedule??! Guess it is a government thing! Stillhere
  20. Ok #1. Denial says that there is no record of hearing loss in pre induction exam. Exam shows a high frequency loss of 55db at 4,000hz #2. Denial says no record of hearing loss while in service. On discharge exam doctor wrote unilateral hearing loss. #3 Denial says sensorinal hearing loss moderate to severe right ear and mild to moderate left ear. No mention if this is or is not ratable? Would appreciate some help so I can move on this before my reconsideration is up in June. Thanks, Stilhere
  21. Well I would hope you get the higher rate! With 30% you are no co pays and a few other bennies!
  22. Memory, I think you are doing the right thing by walking away! Who knows what crap he did? Sorry you guys fail to understand the oath that we all take. When we raise our hands a pledge to defend our country and serve there is nothing in there if you get a bad CO or a good CO! Suck it up and serve with dignity, the majority does and that is what makes are country strong! Stillhere (off my soap box for a while but confused by some posts on this)?
  23. I would treat a DH individual just like one of them that went to Canada! I personal have nothing to do with them and their stories of woa! Follow orders and defend your country. You raised your hand to honorably serve and you blew it. No excuses!
  24. True Chuck, IF the VA had just done the right thing 30 years ago everything would be better off! No bad PR for the VA and a grateful vet!
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