GeekySquid

after this experience i will carry my whole c-file and portable printer...just kidding. The OTO today refuses to allow a computer in his office. According to his receptionist his wife does any of his online work for the office. He did not even have a printed copy of what the VA sent him to do. I suspect I will be having this same c&P again. good luck on your exam.

Thanks Buck52, read my other post on how it went...in short I bet I have to do this exam again.

the audiologist yesterday said something similar and that the OTO doc would explain it all. All he said was I needed hearing aids (more in a post further down thread). since he does not allow computers in his office he could not even tell me what the test numbers were...will have to wait and get the results from the VARO in a couple weeks.

I forgot to say thank you for your post. my apologies for the tardiness. I did the audio and oto over the last two days... more in a post further down this thread. basically I a need hearing aids and it is SC.

So i just got back from the OTO doctor today, and the VA is proving itself to be "efficient" at being insane. The OTO is an octogenarian with a marked resemblance to Mr. Magoo and /or Jimmy Durante, right down the to schnoz. His first sentence to me was "Why are you here? is it about your hearing loss?" Since the paper says for Dizziness and that is the only part of my latest claim that was sent back for further development, I was kinda surprised. I also found out he refuses to allow a computer in his office and his wife does all his computer work at home. His assistant said she does not know how to use one. ....derp derp derp derp I showed him all my docs, and I am glad I brought them since he had no computer to check them against... I explained the hearing problem and the issue with my enlistment dates on the 2013 C&P and why she failed to get the SC correct. He looked at my tests, saw the STS from back in the service and saw the 70 and 75 db losses in my final navy hearing test. Then he asked me what was my diagnosis for vertigo. I told him I did not have one and that next month is when I have appointments with the VA for them to figure out how to treat me. derp derp derp. he asked me what I thought he should do.....really? he then asked me if I thought I needed hearing aids, and before I could respond he said you're basically deaf according to the audiologist report from yesterday. he looked in my ears, up my nose, asked me what the VA physical therapy tech said about my dizziness, how I walked, etc. I told him the little I knew...meaning nothing. he said he had looked and did not anything in my records from that tech or what tests she ran. he said whatever is wrong with me is in my brain....and a neurologist will end up doing the diagnosis. he said he would make sure to list all my dates of enlistments and the type of work, and that my significant hearing loss was SC. Then he said goodbye. I suspect I will be having this same C&P again.

here is the latest question. I got my decision letter for my ED claim and a copy of the DBQ. The attached award letter says in the writing at the bottom that I can possibly file for a voiding dysfunction by opening a new initial claim. The actual DBQ for ED has several errors in how he documented my answers to the Voiding Dysfunction section of the ED DBQ which is VA Form 21-0960J-2 There is another DBQ VBA-21-0960J-4-ARE for bladder issues. since the doc recorded my answers incorrectly should I NOD that DBQ to keep the earlier Effective Date? Or should I just file new claim as the letter says and write a statement describing what info he recorded incorrectly? Thanks. redacted decision page 0ct 2018 award letter copy for Voiding claim.pdf

@Berta I hope you are correct, I know you have been on this path a lot longer than I have I just worry that the lack of explicit statement will let a rater sidestep on her claim. I hope not for her sake.

@Buck52 Question... why would I need an IMO/IME in this case? The evidence is in my service record and in my C-file and was there when the Audiologist and Rater reviewed my record. the VA audiologist clearly states I have a hearing loss, it is just that she denies SC because she only looked at the first enlistment and ignored/did not see every other enlistment. (see the Rationale section of my original post above). if she had actually seen/reviewed those records the required STS and loss are shown there very clearly. The three files I have attached show the exam results, the baseline reset of earlier exam, and the STS circled in red. This is all just to get SC for my BHL, any percentage beyond 0% is not a concern. The nexus events were already documented when she granted SC for tinnitus in the same C&P. with that in mind please help me understand your suggestion for an IME/IMO? the proof is there, the VA just failed to use it or failed to see it. either way they need to fix it and I don't see how/why i would need to pay for private exam considering the evidence is in their own files. If the VA failed to use info already in their files it is considered "new" If the evidence affects the outcome significantly, in this case Service Connection, that it is material. The failure to see or use the info considering the rest of the award letter issued shows this to be a Clear and Unmistakable Error on the part of the VA. My line of thinking is I will file the nod, point out piece at a time each record (there are 8 more pages besides the ones I attached) that they overlooked / chose not to use. I will ask for a DRO video conference so I can record them too I will ask for a transcript to see what they try and say was inaudible I will hold out CUE for down the road. please help me understand why my thinking is incorrect. redacted Page 1230 of 1498 aug 87 jax hearing loss significant osha.pdf redacted Page 1302 of 1498 aug 87 baseline reestablished 8-17-87.pdf redacted Page 1308 of 1498 shows july 83 test and aug 87 test -20 loss.pdf

@Buck52 What I am looking at for right now is Service Connection. .... a 0% rating right now would be fine for me. as of the 2013 exam itself the loss had corrected itself but was still evident. My claim for bilateral hearing loss is all about SC. The audiogram and word test from yesterday 11/13/2018 and my OTO C&P today 11/14/2018 are about my vertigo. I suspect after I file my NOD for their refusing to reopen my bilateral hearing loss claim (they said the evidence was not new or material which is bull puckey) they will demand yet another audiology C&P just to waste more money and make me jump through hoops. I am writing my NOD and will post it here for review and editing with the rating decision in a couple days. The short version is that in the original C&P for BHL the audiologist stated explicitly that she only looked at my first enlistment and that there was no OSHA STS event documented. Both statements are wrong, flat out unmistakably wrong and my STRs show it. The 2013 decision letter clearly states the years I served as does the PTSD approval at 70%. The BHL C&P was done after the PTSD C&P so if one doc saw my full set of enlistments and the other didn't then they made a boo boo. The rater did not catch that and send it back to the audiologist. The decision letter DOES NOT include the doctors statement that she only used the first enlistment or was missing an STS event. It just shows the numbers and says there was no evidence that my current loss was SC. There is no way the VA can claim it is not New and Material unless they admit their doctor saw it/them but chose to ignore the evidence after reviewing my full record. If they insist on playing the game, then I will jump through the hoops and hold out as CUE for my last ditch effort down the road.

@Buck52 this is what I did yesterday and i have a copy ready for today;s OTO C&P too,. The Audiology doc was a bit surprised when I showed my final Navy hearing test that had a 70 db loss in the left ear and a 75 db loss in the right. At first she said it was probably a 1 not a 7 but i pointed out that in the same results were a 15 and a 10 and the digits looked nothing like a 7. This is another point I have to argue in my NOD for them refusing to reopen my bilateral hearing loss claim.

@Berta, @vetquest this is the one question in the mix. the connection statement says specifically MST but I don't see an explicit connection statement to PTSD. I am not sure it is an automatic assumption that because you have an MST event that is SC that you have a PTSD event that is SC. clinically you can have both a non-service connected PTSD nexus and a service connected MST event that makes your PTSD worse, or even that one is not affecting the other (which is a logic pretzel but it is possible). If one of you has a link directing an automatic connection that would be useful to the OP. I just hope she does not have to argue about that with some faceless rater. she notes that she is diagnosed with OSA as well as the Fibro and the Agoraphobia. It is a strong guess that SMC is a possibility and with that overall eval I would think it obvious that it is required for her but who knows what the raters will do.

this is one of my original concerns about bringing the records. some people just get bent out of shape over the stupidest things. Like it is some insult to them personally. The QTC audiologist yesterday was cool with the records, but she is only doing the tests, the OTO I see today might or might not be. I will find out. The test yesterday was interesting in that I don't have any recollection of ever doing a speech recognition test beyond the Whisper. In the Navy I had hearing tests most every year and in a couple I had more than one due to STS events and having to have retests to reset the baselines. For my 2013 hearing C&P I was in the audiologist building exactly twice, it was new orleans and after Katrina the med departments were scattered all over the place, and I don't remember ever having the speech recognition tests done. It is just weird, I tend to remember just about everything in detail. I can tell you down to the penny what I spent three months ago or 20 months past, so not remembering that test is an oddity unto itself.

any collection agent who is calling your wife's job is violating the law. Tell them verbally and in writing that ALL communications are to be in writing. period. full stop. send the notices CMRRR and keep the receipts. You might want to become familiar with the Fair Debt Collection Practices Act https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text 1) tell each and every collection agent you have already spoken with, to stop calling and communicate only in writing. 2) any new contact about a new debt DON'T admit to owing squat. make them send you a complete validation of the debt, who owns it, and all documents with your signature agreeing to the debt. they don't have them but must provide complete validation of a debt when you demand it. 3) NEVER say the word YES or anything close to it when on the phone with a collection agent. When they as you "am I speaking to xxxx" Don't say yes. demand their name, their ID, the main phone number to their company, the name and physical address of their company AND ask why they are calling your phone. 4) when they refuse any part of those things tell them you don't speak to people who fail to fully identify themselves and they need to send a letter to the person they are trying to reach. Tell them that If it turns out to be you, then you will respond to the letter when you get it. suggest they send it CMRRR. Don't give them your address or verify your address. tell them if they really had legitimate business with you about a supposed debt then they will have the address from the creditor. 5) They are recording you even if you are in a two-party state, and collection agents have been known to falsify the tape to make it sound like you affirmed the debt. These have shown up in courts where they try to get judgements instead of following the law. 6) if you don't recognize the number let it go to voice mail or to the recorder., 7) get a google voice number, they are free, and use those for all non-family communications including the VA. I have one that my banks and credit cards get, and one that everyone not family gets and then my private paid for number that only the closest people get. The GV number records the call and transcribes it and then sends you an email.

what is covered is dependent on the plan you are purchasing. Medicare has parts A, B, and D that most people know about. You frequently hear about Medicare Advantage plans being hawked on TV. If you tell the VA you have Medicare they will BILL medicare for part of your treatments. it is the law. if you don't tell them they will eventually find out. Just ask your Private non-VA doc if they take Medicare. not all do. The plan provider has a book listing all doctors in your network. One thing to consider in relation to Part D. VA provides meds and if you list your outside docs with the VA you can get your scripts filled. However the VA does not allow some brands that Medicare does and with outside scripts you can actually get really low co-pays with some of the discount programs available and be able to get them filled at walgreens, cvs, costco, walmart, etc. instead of waiting on the VA. Additionally a lot of the Medicare Advantage plans offer free gym memberships if that is something you are interested in. here is another point to consider. If you are ever taken to the hospital and they know you are a vet with va coverage they will try to shove the entire bill to the VA instead of to your other insurance. This can mean a nightmare to you if VA rejects the bill and the VA can reject bills even if you are 100% P&T combat vet missing limbs. The R''s in congress keep trying to change the rules so that more of the cost is on the vet or their other insurance. Wilkie has asked for more leeway to reject outside med bills and may just get it.

dude that is just AFU... missing hearing tests are one thing but your situation is just hosed up! thankfully you have the records. BTW I did the Audiology portion of this weeks C&P twofer today. She only did the test but is not writing a report. She told me it was very common in her experience that hearing test records were missing when she did C&P reports. She sounded like she appreciated a veteran who provided the missing records. Hopefully the OTO will feel the same way tomorrow. Good luck with your situation. let us know what happens.

Hey, @Richard1954 , @Hamslice , and @Buck52 thanks for responding. I think I need to make myself clearer. the one time i don't write a novel and i glide past important details. the c&p is being done at QTC. The second appointment of the pair is with an Otolaryngologist, the first appointment of the pair is with an audiologist. The OTO requires a hearing test be done. the VA hospital is ALSO doing these same tests the following month. They are trying to rule out all the possible causes of my dizziness. seems redundant but who knows. Neither of these is for a rating decision on hearing. My purpose in bringing in the STRs is because the 2013 award letter and hearing c&p ignored everything past my first 4 years in the service. Meaning they ignored the rest of my military service, including several nexus events. My hearing loss is documented in service and there was an OSHA STS plain as day next to a baseline adjustment they made in service during my 2nd enlistment. I don't want the OTO to say yep this is the problem but he was only in for four years so its not SC. just like the 2013 audiologist did in the results I posted in the OP. I am just not in the mood to play any more games like this with the VA. -------below this is a separate issue but related to the 2013 C&P------------------------------ as for the 2013 c&p, The full award letter granted ptsd 70%, tinnitus 10%, but bilateral hearing loss just says Not Service Connected with NO RATING PERCENT. the award letter says nothing about only looking at my first enlistment or I. would have pitched a fit then and found out that NOD's existed and how to do them. It clearly states my full service career and all my I DIDN'T GET CAUGHT medals. Now my only option is to reopen. since I don't have the latest award letter in hand, denying the reopening for bilateral hearing loss, but granting smc-k for ED, I cannot say why they refused to reopen. what I do know is that all the information was in my c-file. the PTSD c&p and the award letter both state my years of service. The rater and the audiologist either ignored all my other hearing tests, didn't see them or did not look for them . No matter how you shape this the data in my files either constitutes "new and material" evidence, since they did not use it in making the rating decision for service connection OR it is CUE. Since this is a NOD, I will hold off on CUE. Let's see how pigheaded the Seattle RO and DRO will be when I point out, but don't claim, that a cue exists or it is new and material. that the original RO failed as did whomever refused to reopen. that the C-file shows beyond a doubt that the hearing loss occurred in service. that it is inarguable that the Rater and Audiologist failed to use all the evidence at their disposal. that it is inarguable that the outcome would be significantly different between being SC and NSC. I will point out that the Audiologist clearly describes her error when she states the years of my records she relied on. That her error is unmistakable. I will tell them i want the service connection granted at the maximum allowed by law that my exams merit and that I want the date to be the same as the original claim in 2013. I will also tell them I want a full DRO hearing via video conference so I can record it myself and that I will be raising improper notification and failure to assist in my appeal. I will also slide in that the same failure to assist on these items extends to my diagnosed OSA and cpap issued by the NOLA RO and that will be brought up later. just to get it into the record that they failed to assist or inform me that OSA was a ratable condition yet they had the diagnosis in the file when they granted for ptsd and tinnitus.

Hey all i recently put in a claim to reopen a prior decision on bilateral hearing loss and one with dizzines. VA tested but C&P doc only looked at first enlistment. said hearing loss is there but not service connected and did not give a percentage of what that hearing loss is. The hospital itself has ordered me to take a new hearing test but that is not until december 2018 VA deferred claim on dizziness and order new c&p and hearing test the hearing test is on the 13th of November 2018 and C&P is on the14th at QTC facilities. The question I have is should I bring my copies of military STR's concerning hearing test. Original claim was denied had this finding [X] Sensorineural hearing loss (in the frequency range of 500-4000 Hz)* ICD code: 389.11 and this write up 3. Etiology If present, is the Veteran's hearing loss at least as likely as not (50% probability or greater) caused by or a result of an event in military service? [ ] Yes [X] No [ ] Rationale (Provide rationale for either a yes or no answer): 1.RME dated XX/XX/XX (at induction) documents hearing within normal limits bilaterally. 2.RME dated XX/XX/XX (at separation) documents hearing within normal limits bilaterally. 3. Comparison of induction and separation exams indicate no significant change in hearing sensitivity and documentation of an OSHA-defined STS during military service CANNOT be established from this audiometric data. 4. The documentation of hearing within normal limits at induction, documentation of hearing within normal limits at separation, and the lack of documentation of an OSHA-defined STS during military service indicate that it is NOT at least as likely as not (50/50 probability) that veteran's current hearing loss is related to his military service Items 1 and 2 only refer to my first enlistment and what she called my "separation is actually marked as a re-enlistment physical. Item 3 there is an OSHA STS in the records she did not look at. The award letter used the same language denying my claim to (at least) service connection but probably 0%. The decision letter on reopening the claim should arrive by Monday the 12th and I plan on filing an appeal/nod on their denial of service connection based on them not looking at all the files and tests. AS it pertains to this newest C& P and hearing test, I want to make sure that this time they look at all the records to demonstrate that the hearing loss occurred in service particularly if they suspect Meniures (sp?) disease is causing my vertigo and dizziness. So will bringing my hearing test records and the first C&P to the tests at QTC help or hurt me? Thanks

good luck, stay strong...

Paulstrgn I added up all the things you wrote in the quoted below post and something does not add up, did you mistype something, like maybe another 40% rating according to the list you provided, if I did not miss something, you have 16 rated items, 5 at 20%, 5 at 10 %, and 6 at 0%. They are shown bellow in the right order to do VA math (note that i shortened each entry to try and create a line to see all ratings in a column-like view): right lower extremity radiculopathy/sciatic 20% left lower extremity radiculopathy affecting the femoral nerve 20% Intervertebral disc syndrome 20% left lower extremity radiculopathy/sciatic 20% right lower extremity radiculopathy affecting the femoral nerve 20% hip strain left, with limitation of extension 10% right hip strain with limitation of extension 10% pes planus and metatarsalgia, 10% degenerative arthritis, 10% seborheic dermatitis 10% right hip strain with impairment of the thigh 0% left hip strain with limitation o f flexion 0% right hip strain with limitation of flexion 0% left hip strain with impairment of the thigh 0% painful motion of the little finger 0% painful motion of the ring finger 0% When you add up disabilities you add from highest to lowest. 0%'s don't need to be added. doing that order gives your baseline, current totals as follows 20 = 20 20+20 = 36 36+20=49 49+20=59 59+20=67 67+10 =70 70+10 =73 76+10 = 78 78+10 = 80 80+10= 82 This is the VA's table. https://www.benefits.va.gov/compensation/rates-index.asp Check my math, look at the list see what is missing or wrong. once you have that figured out, play goal seek. Set your top individual rating to 50 and add 20 which gives you 60, and then move down the line. As they sit right now the math using the items you listed don't seem to add up using the VA's own calculator.

this brought up an new question in my mind... When I was initially rated at 70% for PTSD and 10% Tinnitus the ptsd diagnosis included Chronic Depression and Major Depressive Disorder as components. I never questioned it in how the math was done. I know the 10% Tinnitus did not step my percentage up using VA math. Since reading your post I started looking around. I assumed that secondaries that were of the same health system were rated as part of the larger system, but if they affect a different health system they received their own rating. In your case you primary rating is for a physical system and the impairment cause by that service connected issue has caused depression which is a mental health issue. Since mental health is different than physical health wouldn't the secondary get its own rating? That is what I thought but I cannot find any writings specifically on point and what I can find so far does not cover that type of example. I now have yet another research project LOL

since when is smoking pot a mental health disorder per the DSM? I knew it was once a substance abuse disorder, but now its a mental disorder? you are a big ole pot head depending on your state and the rater, this may or may not create a reason for a lower rating. If you live in a state with legal pot, it is unlikely to be very harmful to your rating. The rating attaches your PTSD to MST and the examiner firmly believes you despite there being no "reported" nexus events except the unintended pregnancy. The examiner clearly states this is well within "normal" for MST victims. I am not a rater, but considering the recent OIG demand that all MST cases from 2017 on be re-evaluated because the VA got them wrong (meaning low-balled), I would suspect no more than a 50% rating. I say that because you seem to be fairly functional in normal spaces even if you basically just don't like being around people and could easily fit the 30% criteria rating. these symptoms are by no means unusual in today's world, much less for someone with PTSD or MST events. The suicidal ideation may be the "worst" or most concerning issue to take up with your counselor. I wish you luck and hope your therapy sessions bring you relief and help you "get past" the MST. It is a horrible crime and I am saddened every time a service member is harmed by another service member.

are you expecting a CP? do you live someplace where there is not a typical VA hospital?' searching google came up with a VA doc md_1_p5_cvt.doc. at this url https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiI2LP0u7PeAhXp1IMKHUN5CkQQFjAAegQIBhAC&url=https%3A%2F%2Fwww.va.gov%2Fvdl%2Fdocuments%2FClinical%2FClinProc%2Fmd_1_p5_cvt.doc&usg=AOvVaw27-LGDyw6CR5WP1dRsmOKP If you read it That code is used to assign a Hospital for a CP, it gives an example on pages 2-20 and 2-21 that reads in part 2. Enter Hospital Location in CP Manager You must enter a hospital location for the CP Procedures that was created within the Setup Conversion option. You can use just one location for all the historical CP procedures. This hospital location should be a historical location for the conversion only. It will not be used for workload reporting. Due to the fact that some of the Medicine reports may not have a CLINIC associated with them, a hospital location will be needed to create the note during the conversion. If a clinic is associated with the report, CP will use it. If no clinic is associated, CP will use the Hospital Location field under that procedure. If you do not have that field entered, you will get a “Couldn’t create the TIU document” error for the record when you run the Error Log option after you have run the conversion in Real mode. Contact your MAS CAC to assist in creating a historical hospital location. The following is an example screen capture of adding a clinic: (Use Stop Code 674 ADMIN PAT ACTIVITIES for this clinic. If the field is not a required field, you can step past to the next field. If the field is required, enter minimum data. If the field has a default, accept the default. Select OPTION NAME: SDBUILD Set up a Clinic Set up a Clinic Select CLINIC NAME: HISTORIC CLINIC Are you adding 'HISTORIC CLINIC' as a new HOSPITAL LOCATION? No// Y (Yes) NAME: HISTORIC CLINIC// ABBREVIATION: CLIN-H CLINIC MEETS AT THIS FACILITY?: Y// YES SERVICE: M MEDICINE NON-COUNT CLINIC? (Y OR N): Y YES INCLUDE ON FILE ROOM LISTS?: N NO DIVISION: CIOFO HINES DEV// 14100 STOP CODE NUMBER: 674 ADMIN PAT ACTIVTIES (MASNONCT) 674 I would call Peggy

this is almost assuredly a question only the bank can help you with. Government checks are processed in batches by the Treasury. It takes at least a week prior to issue date for a batch to be processed for sending. Considering the dates and the laws about withholding payments etc it is unlikely the VA is at fault. There is a number to call the Treasury that can look to see if your expected payment that has not been received was sent. You will have to dig through the Treasury website to find it. If all else fails call Peggy.

your mileage may vary. I don't know what you are claiming so it is hard to be specific, but some status changes are more complex than others, and yesterday the VA had more issues than normal with Ebenefits. Go to the Historical Claims tab and look at each section listed, see if a new one is showing. If your claim was expected to bump you to 100% go look at your letters, in particular see if there is a Commissary letter. This only appears if you are 100% and since it does not include any dollar amounts it pops up pretty fast. Look at the Disabilities section, see if new or changed status appear. Say you had a diagnosis of ptsd and major depression before, and they added BiPolar. It might not be obvious at a glance. call Peggy they will tell you if anything is left to be decided. aka you have a partial decision and which condition is not completed. a closed "appeal" (as opposed to an original claim at the RO) may be getting a payment higher than normal retro. I think the level is $25k after which more signatures are needed, which takes more time and involves more databases be queried before Ebenefits will actually update.

https://www.oprm.va.gov/foia/foia_howTo.aspx https://www.hadit.com/requesting-your-va-c-file/ https://asknod.org/2015/01/12/2015-va-updates-on-getting-your-c-file/ http://www.vetsfirst.org/obtain-va-c-file/ https://www.veteranslawblog.org/how-to-get-your-va-c-file/ Your rep can make the request. Just make sure ask for everything in his files, Military REcords, Medical Records, Training records, deployments, contracts, xrays, tests, advancements... and add the line "every file in the possession of the military" or similar wording. The request goes to Janesville, Wisconsin and then to the archives in St. louis. The records are packed onto a CD Rom and mailed to you. I filed for mine in Aug 2018 and got it the first week in October 2018. it came with a signature required and I was not home, had to go to the Post Office to pick it up. If your husband was involved in any operations that are still classified those records will not be in this file. There is a whole drawn out process to get access to those and once you have them the VA has special people to allowed to access those type files once you identify them. I can tell you from personal experience this is a major Cluster Duck and a real pain in the neck.