GBArmy

I agree with Shrek; if they didn't list it, they probably didn't consider the evidence. I'm no CUE expert like Berta or Broncovet, but I believe it is a CUE if you submit evidence as the basis of your claim and that deny but do not address your critical evidence listed, it can be a basis for CUE. But, as Shrek advises, keep on appealing.

Not saying it'll work but you could try an IRIS request and ask for the response in writing. If that doesn't work, call the WhiteHouse hot line.

Erwin Welcome to Hadit. To answer your question, basically, anytime you feel you have a basis to file for an increase in your disability rating, you can. For you, without knowing any specific details, what you should be concentrating on is your current conditions indicate an INCREASE in rating due to a worsening on your symptoms. Go to diagnostic code for rating scars 7800. https://www.law.cornell.edu/cfr/text/38/4.118 I would suggest going from 0% to, say 10% rating, you may want to pay particular attention to note #4-pain. I also suggest that if you have additional questions you start a new posting of your questions; you have tagged onto an old posting that has nothing to do with you question/situation and would be confusing to people trying to help.

AJAXB37 To win a disability claim you need 1)a current diagnosis, 2) an event or illness in the service and 3)a connection, or nexus linking the two. You didn't post the denial decision, but I assume that the VA denied as not being service-connected. In other words, his evidence did not show that he was exposed to the chemicals and that they caused the disability. You need to establish that he was exposed. You also need to have a medical opinion, or nexus, connected that exposure to his current condition. Assuming you can prove by a buddy statement that he was exposed way back when, you still need to get a doc's opinion that it could cause his disabilities now. Start researching a doctor that can give you what you need.

Bad advise is worse than no advise at all. Call the knowledgeable guy out; ask him to show you the part in 38cfr part 4 that covers that. After he back peddles, tell the first sentence.

Coffee123 Welcome to Hadit. Without seeing the VA decision letter, there is just no way we can know what's going on. It should show up in the mail in a week or so and until you get it in hand, you just have to wait on any new action. When you get it, redact your name and other personal info and post it to this posting so we can advise.

Yolo Well if you feel it wasn't fair, call the RO and ask for a new C&P. Have reasons why you didn't think it was fair. Don't wait.

Trun10tion You need to see your decision letter which should arrive in a week to 10 days. If it doesn't show up by then call Peggy (800-827-1000) and ask for another copy. The note says 1-2 months to see IF any changes, so that may or may not be accurate. You just have to wait for the next step for the decision letter.

A always, the advice we give is based on our own personal opinions. Many of us have had several C&P exams and the results have varied from what we were expecting. I had one (psych) exam and the doc said "I have expressed my opinion on your condition but you must remember, I am not the one who rates you." Big caution light goes up, man, they're going to rate me 0%, maybe 10% max. Wrong. I received a 30% rating. Another time I thought I aced it. Nope, not s-c. I really don't think you can guess right on outcomes because of the individual situations we find ourselves in. I will say that I have had some examiners say if my condition was considered s-c or not if when I asked at the end of the exam. As for whether they are employed by the VA, yes it is difficult if you are taking the exam at the VA facility. But nowadays, the majority of exams are at a contractor's place, so it doesn't come up as often as it used to. And I would add, I am always polite. Yup, had some losers too, but the examiner is the one typing out the dbq; why poke the bear. If it is a bad exam, start complaining as soon as you can get to a phone and start the process. But just because the examiner has a personality of a fish doesn't mean he or she doesn't know what they are doing.

Great posting by Brokensoldier. The question comes up often about how to change or drop a POA.

I assume you're prescribed and using a CPAP also. Use it; it may save your life!

Wooderson You did good brother. Getting it secondary to PTSD (separately) isn't easy with the VA. Did your homework and got a good med opinion. Nice!

Jfrei You're spot on. 0% means you are service connected for hearing. If or when you need hearing aides, you are covered. I understand if the tinnitus is really bad, you can get some ha that will "cancel" out some of the background noise. I never checked it out. Give it 2-3 years and if your hearing is worse, file for an increase. They aren't going to take away s-c for a disability rated at 0%. Not much to lose. If your hearing is bad enough, you may get the bump to 10% on the rebound.

ASU_0331 It does sound favorable, but you never know how that translates to exam notes. And, of course she makes the observations, but the VA rater makes the decision. But I agree it does seem favorable. I've had some really bad examiners and some really good ones. Some have the attitude that they will just pick out the obvious stuff and then some do a little digging because they feel you should receive a fair shake. Hopefully you got the latter. Best of luck on the results. And pay attention to your body as these foot and extremity disabilities can lead to others as secondaries.

DD789 In theory, at least, they are. But it carries more weight in your evidence if you have at least a doctor to opine their opinion/diagnosis, so whenever possible, go to the higher authority IMHO.

As we say often, each claim is different. But I have seen almost every time is if the veteran is service connected and rated for hearing, even if it is at 0% , he or she will most likely receive a separate rating (10%) for tinnitus. They are two separate disabilities, and are therefore rated separately. If you submit a statement in support of the claim in support of the disability, you should be good to go IMHO.

Send registered mail, return receipt requested to: VA Evidenece Intake Center PO Box 4444, Janesville, Wi. 53547-4444 You can fax to: 844-531-7818. I would have a cover sheet with what you are submitting. the number of pages, etc. with your name and claim number on every page and number the pages so they don't get "misfiled."

I wouldn't put it off. Spend the extra deductible $ and see a specialist. The VA doc could be missing some important signs. Early detection is a life saver!

EnterpriseCVAN65 You must wait until you get your decision letter. About a week. It does sound promising though.

I understand you have high anxiety; you can't avoid it. But I think you are not listening to what I'm saying. Yes, I do feel your case has merit. BUT, what I think really doesn't matter. Nor, does someone else's "similar" case matter Your claim will be decided on its stand alone facts and that's it. Let it play out and in the meantime try to do other things instead of worrying yourself sick. Let the process play out. Like I said, hang in there.

FMFCorpsmen I am truly sorry for your experience. It is important to focus on your own situation; anyone else's experiences may not really fit your situation because of course everyone is different. All I can offer is this: trust that the system will prove out. Eventually. Maybe you will have to appeal, or maybe, you will get your rightful decision right away. But, the key is, if you keep fighting, and you have the evidence for your claim, you will win. You may need a lawyer, but if you keep at it, you will get what you deserve. So don't give in if you don't win. Get a lawyer that is really familiar with the VA hamster wheel. Get a copy of your c-file. Just keep it going, be sure to comply with continuation appeal deadlines, and and you'll get there. Hang in there!

flynsolo2 VA.gov will say a decision has been made and letter sent. Two weeks is long enough: call 800-827-100 and tell them its MIA and you want a copy faxed to you. I'm not sure if they will send it to you as an email, but ask. That said, mail from the VA has been Really, Really slow. I'm thinking your situation is pretty common nowadays.

Turks . Welcome to Hadit. Don't know. You asked "is it possible that the VA has messed up?" Yup; we're talking about the VA here. I would just call Peggy, 800-827-100, and tell the rep what's going on. You can ask for an audit, but really, you need to get your decision letter to understand what their position is currently. But you are on the right path though. If they overpay, they will eventually come after you. If you're pretty certain, set aside the extra so it doesn't hurt so bad when they come after you.

Buck I can relate to a lot of what you said. It was a different time and certainly a different place. You had to be in REALLY bad shape to see a doc. A medic would give you aspirin or something like that but it was really taboo. If you went to the doc it's like this guy can't take it, he ain't dependable, don't want to be with him kinda thing. About PTSD, I've got MH issues but fortunately not that. I do think treatment can help you cope/manage some of your symptoms but I've never run across someone with PTSD that was "cured." I don't know how these psych people think it can be. It's never going away.

Yes, Conrats to you Tbird! We know you deserve it, but it takes time. Personally, I am a little disappointed in the fact that you had to pay Alex though. I figured with his relationship with Hadit and all, he would have done it gratis. But then, I'm sure you went with the best and it paid off, so you are happy with the end results and that is what counts.