GBArmy

deedub75 Just to clarify, you said " No, they said my heaing loss wasn't bad enough." so you were't service-connected. Do you mean that the service-connected but gave you a 0% rating, or they denied your claim. There is a difference and veterans often don't understand the difference. If granted a 0% rating, it is SERVICE-CONNECTED, called non-compensable disability. Means no monthly payment but still valuable. There are benefits attached to that rating. see https://www.va.gov/resources/non-compensable-disability

Pacmanx1 You win the Hamster Wheel award of the day! I'd write it up and send it to the VA big wheels, including the new Secretary and see what they will do to fix this charade. Perfect example of why ww STILL don't trust the VA.

No, if your MOS has been "retire" find an equal one and describe your primary duties which also includes your exposure to loud noises. Most of the time these VA people don't have a clue whar the MOS really meant. Or cross over to another branch that has a similar duties. Example MP in Army is same X in Navy.

Absolutely! If you have it, apply for it. MOS duty is here https://usafals-afe.net/wp-content/uploads/2020/07/Duty-MOS-Noise-Exposure-Listing.pdf You must include a statement in support of the claim to win. (form21-4138 or 21-10210) You talk to what your symptoms are currently, when did it start Usually in service- or closely after, how it affects you socially . Explain how you were exposed; be descriptive of what happened. Example we used to go out with freinds a lot, but I don't like to do that anymore. I can't hear because of the buzzing noise.especially in a crowded area. I don't want't to ask people to repeat.," It affects you socially and at work, right. I would suggest you might comment that you never saw a hearing doc or audiologist because you just learned to live with it. and don't know it could be a disability. If you have a hearing issue also, put in for it. The VA often will grant for hearing, even a 0% separate if they grant for tinnitus.

Berta please pass along to Buck that we are all pulling for her and those of us that do have been praying for her. I hope Buck has a support system for himself also, That is a very lonely road he is traveling and to have someone looking in on him helps a great deal. And thank you Berta for being the Point for us on Hadit on this; it minimizes what he has to deal with from well-meaning folks inquiries.

It looks like your right on on what you need to get to 95% (100%.) If you had a fall from a ladder or roof and it resulted in you not making it, if you were s-c for vertigo or Meniere's, that could result in DIC benefits for your family. I agree with Broncovet here, if your doc says you have it, go for the disability. Plus, you're climbing the ladder on compensation ratings. Another 20 or couple of 10's isn't impossible to add on. The last thing I would worry about is embarrassment. Who cares what others think. Take care of yourself and figure this out; this isn't the 1960's anymore, brother. No need to tough it out anymore.

See https://hadit.com/510-20-rule/

Post your ratings for each VA approved disability. like tinnitus=10%, back=20% We can run the calculator to see exactly were you are with your 90%. Your actuals could be any where from 85 to 94 combined and rounded up or down to 90% If your within 2 or three from 95, it may be something you might want to consider. No personal info like name etc.

Agree with Shrek. It can be a 30% rating, so it most probably will impact your rating unless you're better than 80% or so combined. But a lot of us think like Shrek does also; the more you have as a rated disability, the more likely the VA would have to pay out DIC and benefits if you should pass from on you are rated for. And, meniere's is a nasty thing to have to struggle thru. I have vertigo but not full-blown meniere's, and it sucks.

Don I believe it also would fall under the 20 year protection rule. But if you are P&T now, the probability for them to call you for an exam is pretty unlikely. Age 55 is also another rule they would have to be going against also in a couple of years. You're ok unless you go after SMC's before 20 years.

ROMAD 38cfr4.71 is what you have to navigate thru. Orthopedic conditions change over time, sometime for the good and often they get worse. This happened 30 years ago. Do you have symptoms now, or have they improved so that you would not be rated now? Are you rated currently at 0%? Are you looking to get a comp rating for your current condition, or trying to eval your possibilities for a CUE only.? The exam showed you had arthralgia in both shoulders, but nothing indicates the severity of your conditions back then. You have to look at the law/regulations back in 1995 to understand that the minimum rating of 10% disability had the criteria for pain or whatever. One year look back may not have been in affect back then for instance. If there is no evidence in your med records for the minimum level, say pain, then the VA would argue that yes, you have the disability, but there is nothing to show what level it should be rated at, they only would give you the 0% at best anyway if it were s-c. If your first exam said not service-connected, you had a year to appeal the original decision. Now you have to supplement appeal with new evidence to get in connected. You might work on getting it s-c now if you have current symptoms, and look back after on any CUE potential, as there isn't any time limitations for that process. I wouldn't think CUE is obtainable, but we don't have much to go on from your posting, andI am not a lawyer either.

Hi Cat4Christ777 Welcome to Hadit. Sorry about your treatment by the VA; not the most creative people to say the least. You need to get GOOD legal representation from a lawyer and see if you can develop a CUE claim. You could be looking at a significant amount in back pay so the legal folks will really try to build a solid case. Too difficult for you right now to handle it yourself. Here are a few groups to consider, not in any ranking: CC&K, Woods and Woods, Hill & Ponton,Perkins Studdard. There are more on this site and start hitting on them. Don't be discouraged if a few say no thanks; your disabilities is not something that will be a very common thing for them to handle, so they would likely be limited in who they have available that has the experience to do your case justice. But don'it give up. You want to show that the VA made a legal error to get back to your original submittal date. Pull all your medical records and get on it. Good luck, sister.

Sounds good, Tbird. The Senior Citizens League has been putting out their projections for COLA for several years and they are among the best in terms of accuracy based on how they do it. They just said last week they estimate the COLA for 2022 to be 6.0 or 6.1%. Hopefully, they are accurate again this year.

Good advice from Pacmanx1 especially about making sure you make a copy. Notice the VA lost his documentation but were going to deny his claim because the VA lost the paperwork.( How does that work, anyway? ) I even make copies of my health records posings and secure messages. They are "retired" after a while and it can save you some time later on trying to retrieve it. I don't care where you find something that is important, if it's important, make a copy.

Francisco Welcome to Hadit and sorry about your health conditions brother. If you have a good lawyer they should be looking at SMC's for you as your conditions may result in several additional disabilities as secondaries that you may eventually be rated for. Let us know of your progress; maybe it can help other Marines who were stationed there and now have gotten sick.

Hi Deetrain Welcome to Hadit. The process takes too long most of the time, and Covid just compounds the delay. You need someone to look at VBMS and see what's going on. If you have a VSO, ask them to look. If you don't have one, or a claims agent or lawyer, you need someone to get some intel. Have you called "Peggy" 800-827-1000? They may shed some light as to the reason for delay? You could put in an IRIS inquiry, which is located on the va.gov website. Get your response in writing. Last resort would be call your Congressman and get him/her involved. This option usually takes a while also. The amount of time taken in the delay doesn't mean good or bad regarding your claim; it just is a by-product of the process. Duty to assist means the VA found an error in their process that they need to consider. That's all. Start shaking the VA tree.

Hi Drago, welcome to Hadit. PTSD is a MH condition. Some of TBI symptoms can also be the same as MH., so the VA has a hard time spliting them off. You did not say when you got your 70% rating, but I would bet that yotr rating sheet has rse, routine scheduled exam, against your disability. Since you are claiming a new disability that could be linked to an existing MH disability, the VA is going to do a re-do. If your symptoms for MH and your doctor treatment records have been submitted to the VA, you should be all set. Keep in mind if you can't separate the sleep disorder by way of a good nexus letter, you will be rated at the MH diagnostic code. The rate of 70% is about as high as you can go; the next is 100% which is pretty hard to achieve. On top of that , if the diagnostic code for hypersomnia is low, like 10% rating, you could possibly be not even raising your overall combined rating . (see VA-Math.) Be sure you weigh all the facts; risk vs. reward is not in your favor IMHO.

GeorgeR Welcome to Hadit and sorry about your s-c disabilities. First things first. No veteran should apply for any disability or increase in an already s-c disability unless they think their current conditions will meet the criteria for an increase. Example: Tinnitus is rated at 10%, either you get approved and therefore are awarded 10%, or disapproved. If your tinnitus is really bad and you have your 10% rating, don't apply for an increase because it's not available. So compare your conditions to the symptoms of the next higher rating. You are 100% P&T. You say that not only haven't you s-c disabilities stayed the same but they have gotten worse. If so, then IMHO go for the SMC's or special considerations. You have continued to seek medical treatment at the VA, at your own private doctors, or both. You have additional medical records that show it has gotten worse, correct?You would be in a good position to counter the VA if they tried something like a reduction. Just be sure you are confident your worsening conditions would get you the additional income IMHO.

edagata Sorry to hear of your illness, brother. In general, I would appeal your denials. Veterans do win their claims even if they weren't in the "presumptive" places like the DMZ in Korea. If you did all your claim work without a lawyer, get a good one mentioned here on Hadit. You don't have have "Presumptive" connections. You need the 3 Caluza elements. current diagnosis, event or injury while in service, and then a nexus or connection between the two. That is where the lawyer comes in. CC&K, Woods and Woods, are good places to start. Do you have any old artillery buddies that were with you back then? Get a "buddy letter" from them attesting you had that crap sprayed all over and they can confirm the "orange stripe" on the barrels. Not likely you can get any benefits for your families, but at stage 4, you need to get on the appeal. DIC for your wife if you are married. If the lawyer can find a CUE in the original decisions, you could be sitting on some coin. Get help on your claim. Good luck brother.

Tough spot to be in. I can understand you wanting to go back to work but you need to be very careful about it. As you are aware if on TDIU you can't make more than the poverty level requirements which are different geographically throughout the country. Rate would be much higher in NY city or Chicago than some small town in Alabama for instance. It is somewhere around $13k a year but check your area. You can also work if you are in a protective employment situation, and that is what it looks like you are considering. If the local Doordash employer writes up a description of your work conditions ex. unlimited call-outs for work, something in writing which shows how much they are willing to accomodate you, it MIGHT fly. But even if working part time is it going to raise your standard of living enough to risk your disability rating is the question. Next year you will be under the 10 year rule: “10-Year Rule” says a condition cannot be reduced after being compensated for a full decade unless there is medical evidence of improvement of the condition. Have you been seeking and getting MH care, either thru the VA or private? Have your conditions stayed the same, gotten better or worse? Just because they shouldn't reduce, doesn't mean that they won't put you in for a reduction and you have to appeal the proposal to reduce. Last thing to consider is your age. You have 9+ years with that disability. If your med records document you are not going to get better and no real improvement, you can ask to be made P&T. Realistically, if you are in your 50's, it could happen. Then of course you wound not have to worry about the income cap. Consider all the facts and be honest with you self. Good luck.

Broken Great job by you. Every employee, whether an examiner, tech or both is not the enemy. The VA is slowly improving in upgrading their workforce, you included, and that is a good thing. I've used the VA for over 10 years now and honestly do see improvement. (I'm not going soft in my old age,though. There's plenty of bad characters working for them too.)I also like you sharing info; he learns something and it can be helpful when he is wearing his C&P hat. And you learn also and can pass it on. Knowledge is power.

Scottish-Knight As you know, disability comp is NOT taxed. If we have a claim and use a claims agent or legal rep, they get their fees taken out automatically. I don't know what FITW is, so need clarification as you are rated at 90% and that may come into play.

Duster4-60 Welcome to Hadit. From what you have described, it sounds like a typical hearing/tinnitus C&P exam. The doctor doesn't sound like she has much experience related to military noise exposure but the questions are usual. She wants to dig to see if you had outside exposure to noise, such as lawn mowers, etc. You can do a couple things: First, you can complain to the VA about her demenier and interactions right away, and request a re-do. Although she wasn't the best communicator, it doesn't sound like there is anything terrible you can point too. (forget how you feel; you can't express it forcefully enough to get the VA to do another C&P IMHO. You need something more serious) Second, you wait for your decision letter; if you get approved for tinnitus, great. If not, appeal either HLR or BVA or get another private audiologist to exam and submit a supplemental claim. Be sure to describe in your own statementment in support of a claim (Buddy Letter) your exposure experiences if you go supplemental or BVA. The VA examiners may not understand the noise you were exposed to without hearing protection. For your hearing, claim, I would definitely get a private hearing exam to see if you got low-balled. You may have been awarded a 0% rating for hearing. The VA scale for compensation for hearing loss is a high standard, meaning 0% or 10% is usually the award. If you go outside for evidence,be sure the exam is done using the criteria the VA uses. see https://www.law.cornell.edu/cfr/text/38/4.85 You may be better than you think. I'd just wait myself. If denied, get your own evidence and re-submit is your best bet. A 0% rating hearing is better than none as you you can appeal if it gets worse for you. And Tinnitus is 10% or nothing; no higher rating is given out.

Hi Kolls, welcome to Hadit. I'm not clear on what you have going on. You said shin splints, headaches and leg knee was increased to 20%. All three give you a combined rating of 20%, or they each are rared at 20%?. If you are rated for headaches, are you saying you are going to go for an increased rating, or going for the disability for the first time? You need to get someone, a claims agent, VSO or lawyer to look at your claims file and tell you what you have going on. You can call 800-827-1000 and ask for your disability rating sheet. They probably won't give it but can give a letter with most of the data on it. Tell the rep you want to know the diagnostic codes for your rated disabilities. Then you can start the process for an increase or new claim.

VA.gov usually gives a status on Supplemental Claims as "we don't know your status." It will stay that way until decision time. It isn't a status at all, just a rubber stamp comment. You may do well or not, but you'll never know on that status update. If you have a VSO, they may be able to look in VBMS and see maybe a clue as to where it is, etc. Maybe "some" info.