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RangerWife
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Posts posted by RangerWife
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@Heatherta4 -- I have this same status now. Did you ever get resolution to your claim that would give you insight to the meaning of this message?
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23 minutes ago, asknod said:
On every confirmed ratings sheet, there is a box marked "Combat code". #1 indicates you have no SC combat injuries. #2 means you do. 3 means you have both combat and noncombat injuries.
This is a side question - but when you mentioned this @asknod, I took a look again at his code sheet and it has a #1 there even though they specifically noted the PTSD as combat/combat medal. Is this something he should worry about getting fixed? Any idea on the best way to get it corrected?
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Thanks for the info asknod - I do understand that it isn't a guarantee of an EED, but he doesn't have any chance if they are completely confused somehow about how they received the records in the first place and won't recognize them as official service records. Once we get through the first gate, then we will have to contend with the second gate. I expect gate two will be too high a hurdle for most of his claims, especially given he missed his C&Ps back then (deployed to AFG after retirement as a civilian and didn't get the notices).
However, they diagnosed multiple disabilities in his separation exam that was performed by the VA themselves, and he filed his claim less than a year after leaving service. Specifically, there is one for tinnitus and if they had the separation exam, it seems like it should have been an automatic award for that one without even needing a C&P. But...I'm just learning all this.
I do love poker, so I will keep on learning and hopefully catch them on the river.
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Great information on CUEs - thank you for the clarification on that, its an important distinction!
Again, I appreciate your time and assistance on this - thank you!
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Thank you - we were happy about the tinnitus CUE and the awards he did get.
Excellent idea to move #6 to the top, I will do that!
I have attached the original decision - it has the statement in there about the memorandum of unavailability of records.
I have also attached the cover page, but do not see a code of any sort - maybe I'm missing it.
As far as how to approach this, was thinking of submitting it first as an HLR - I know I can ask for HLR on a supplemental under AMA and I'm still in the time-frame for that. I thought approaching this way might be faster and still preserve the ability to CUE later if HLR and/or VBA gets nowhere. From what I read on here, the CUE should be last ditch resort because you can only play that card once. I thought I would exhaust other avenues first myself and then if I need to CUE maybe get assistance from an attorney. I'm trying to avoid that though and do this myself.
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Hi Berta,
I sure am sorry to hear all you've been through. It seems like a never-ending fight. Thank you for taking the time to review and answer my post and all that you do for others here as well! I have attached the rating decision and the rating sheet that we received via FOIA. The rationale addressing the denial of the EED can be found on pages 5 and 11 of the PDF.
Thank you again!20190705 VA Decision & rating sheet_Redacted.pdf
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Hello helpful Hadit community,
I am trying to help my husband with some claims he originally submitted in 2009, all of which were denied. He never re-filed until 2019 but asked for an EED d/t missing STRs that appear to have been found in 2018. He did a FOIA for his file in February 2019 to see what was in there before submitting his claims again, and as a result, received copies of records that were previously missing and he had never seen before. Although some of those claims were now recently approved/SC'd they denied the EED's because they said HE sent them the records. They are so confused. I have put together the attached timeline with screenshots of their own records to try to un-confuse them. Would love it if some of the experienced folks could look it over to see if I'm making sense and/or if you think this is sufficient as far as an explanation?
Thank you so much! Recovery of missing records_redacted copy copy.pdf
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Part of the reason for the QTC exams was because he missed them on the original due to being deployed and not getting the information. Combine that with completely missing service records, and this is probably more of an unusual situation. I will definitely let you know what they key on in the decision letter.
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1 hour ago, Mrpdbo said:
Thanks for the info! Glad to know mine isn't just messed up on the website. For the approved/denied appeals, what kind of evidence was submitted?
We re-submitted missing STRs, some records from his personal physicians, and some statements in support of claim. Then the VA sent him to QTC appointments. I don't have the letter yet, since this just updated in the system yesterday, so I don't know on what basis they approved/denied and what evidence was most helpful.
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On 6/23/2019 at 8:23 PM, asknod said:
You present a chronological exhibit with a tool we call a Chrono. See attached. It's tied to a specific claims file VA sends you. Each document is assigned a place on the chrono by date- i.e. 1/30/1968 --- hit by mortar blast in Hue. Purple Heart Awarded (RBA [Record Before the Agency] @ pg 2345. VA likes to salt in 1969 STRs right next to your request for GI benefits in 80 which are then followed by your 11/2018 NOD etc. I submit these to the VLJ to support my timeline of events. Once records- any records-have been associated with the claims file, they are constructively in the VA's possession.
@asknod - so how can one figure out the dates that records have been associated with a claims file & use chrono to make the timeline? We have denied claims from 2009 and a memorandum of missing service records. At some point we can tell they received records that are relevant but I don't know how to figure out what they received when.
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We received the actual denial letter for tinnitus on July 8th. Later that same day, I faxed a form 20-0996 for an HLR along with a document of contentions/disagreement with it. The HLR claim still has not shown up in e-benefits or va.gov - but I when I went in to look, his disability % had changed and tinnitus was changed to 10%. Not certain if they caught their own error or if they processed the HLR faster than they could get it into the system, but good news either way...and lightning fast!
- GBArmy and ShrekTheTank
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Yes, the supplemental claim was part of the new AMA and the ones they just rated took ~2 months. No idea how long the deferred claim will take. They received the supplemental claim on 5.14.19 it showed up in va.gov same as yours - "Status: We don't know your status" and has never changed. It never showed up in ebenefits under "pending disabilities". Called Peggy last week who said it was pending final decision approval. Just yesterday, his % disability changed and the approved disabilities were added to ebenefits and the benefits letter shows the new higher monthly amount. It also shows those claims that were denied and 1 deferred. The claim status still currently shows "Status: We don't know your status."
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On 7/10/2019 at 1:58 PM, Mrpdbo said:
Just an update:
Called the VA yesterday to ensure they received my Supplemental Appeal. I knew they did through my VSO but I figured I'd grease the wheel a little bit and make the VA rep see it in the system.
It appeared on VA.gov today (July 10) with an unknown status but my two claims I'm contesting are there. Hopefully I get some more traction soon.
My experience so far is the the status on the supplemental never changes - it has said "unknown status" the entire time even though my disability % just updated to show new approved disabilities from the supplemental as well as some denied and one deferred. I don't know if anyone else is experiencing the same thing.
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12 hours ago, chibears3531 said:
Isn't a 0% rating for tinnitus awarded if it's infrequent? I'm curious what the minimum frequency of tinnitus episodes is for a 10% rating. Weekly, bi-weekly, everyday?
I found a VA training doc on Tinnitus (VA-Training-Letter-10-02_hearing.docx) that states the following:
"Both constant and intermittent tinnitus are considered to be recurrent, which is the requirement under diagnostic code 6260 for assigning a 10-percent evaluation."
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Thank you asknod. We will definitely appeal. It is in his service records, including his separation exam and he originally applied for it within a year of leaving service (that's a whole other story on why it didn't get appealed then) but I think he has a good case. We'll see.
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Adding one more question on this - in addition to the tinnitus noted in his STRs in 1994 it was also noted on his exit retirement physical. Did they really need a C&P/DBQ for the tinnitus if it was put on his exit exam?
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Thank you for all the encouragement; we definitely won't give up! His primary MOS' were 11Z5V and 11C5E - I'll try to see if those are on the presumptive list as well.
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6 hours ago, brokensoldier244th said:
Sure, but even at a 0 rating you would still qualify for hearing aids, and most of the models available now generate a subtone of white noise to help cancel out tinnitus, too. Its not perfectly tuned to cancel out, but it helps.
That is a fantastic point, I didn't realize that. Thank you for pointing that out!
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6 hours ago, Richard1954 said:
I had a conversation with the examiner during the a c/p hearing test and she told me that they have been instructed to increase the DB levels for all C/p Exams, by increasing the levels its a sure thing most claims will be denied.
Richard1954 - I'm sorry for what you have been through and the long fight. I'm glad to hear you finally got your ratings. Also glad to hear another person agrees that my husband's write up makes no sense. As far as the quote above re: turning up the DB levels...sounds like a class action law suit!
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Thank you shrekthetank1 for reviewing and for the input. We didn't know they had a C&P officer, so that would definitely be a good place to start. Thank you!
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Well, ebenefits just updated today and states hearing loss and tinnitus are not service connected. We of course don't have the rater letter yet to hear the rater's rationale but I was surprised it was not SC'd - I guess they took the parts out of the report that they wanted. Frustrating.
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My husband was just denied SC for hearing loss and tinnitus. I would have expected 0% hearing loss for left ear and 10% tinnitus. I attached the C&P resultsAudiology DBQ.docx - it seems to me like the audiologist contradicts herself in her rationale - or maybe I am just confused? But overall it does seem to say he has tinnitus and its linked to service? Not sure what to think of this. Any insight would be appreciated!
Thank you!
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Thank you very much for the quick reply and information Buck! We did already file the ITF so we are good there; I've put the date on my calendar!
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Hello,
First-time poster, but I have been reading furiously on here for a couple of months now and the information has been incredibly helpful - thank you! I am trying to help my husband get his disabilities SC'd and have a question I have searched and search but for some reason can't find the answer to what I imagine is a common question:
Can he submit some claims on one form as Fully developed and some claims on a second form as standard and submit both of those forms at the same time? Or, do all his claims have to be one or the other if being submitted at once?
Thank you!
Lauren
appeals on VA.gov
in Appeals Modernization Act AMA
Posted
Quote of the day is right - fair enough!