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68mustang
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Posts posted by 68mustang
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Berta the court case from 1991 is in the CAVC web site. That was for hearing loss, which the VA denied. It was denied because of no medical proof in my medical service records that I had complained about hearing problems during my enlistment in the Navy (1967-1971) or right after discharge. My hearing problems began to be noticeable in the 1980's and I was tested for hearing loss. There was a hearing loss plus I had ringing in the ears. When I put in the VA claim for hearing loss I had a Vet county representative help me,which now I believe was a mistake. I not knowing any better put in for hearing loss and left the ringing in ears out, because the Vet rep said it was part of the hearing problem. Little did I know that it should have been put in seperatedly as a claim. Long story short the hearing loss claim went all the way up and was denied by COVA.
After reading and doing research here on the web did I learn that ringing in the ears is one of several problems that one can put a claim in for. I first went to a hearing specialist who asked me my work history after my enlistment, which does not include any exposure to hazardous noise. He then asked me what type of worked I did in the Navy. I told him that I worked with machiney both in the boileroom and engineroom, which exposed me to hazardous noise during working hours and during watch. He put in the diagnosis the I had been exposed to acoustic trauma and more likely than not that is what has caused my ringing in the ears. I put in a VA claim for the tinnitus and got rated at 10%.
I went again to my hearing specialist because of my haering and because of vertigo. his diagnosis was that had hearing loss and vertigo due to the acoustic trauma. I put in a claim for hearing loss and vertigo. I went for an exam with the doctor that the VA contracts with to do the exams. He stated that I had Meniere's Disease and a slight hearing loss and that he would be sending the report that stated that to the VA. I am just waiting to hear from the VA as to what their answer will be. I called yesterday for the status of the claim and was told that it was at the ratings board and it would then be sent out for authorization. Thanks.
68mustang
They had very little in my husband's C file from when he first went to the VA-They didnt have all of his med recs either- I found them at the SSA office-
Your court case- that was probably with COVA (now CAVC)but have you checked the CAVC web site for it?
Just put yur name into the decision search and if they still have it-it will pop up-
That old denial could possibly be instrumental in getting a better EED- (by virtue of a CUE claim)if you do get SC for hearing loss if th SMRs reveal hearing loss at ratable level when you filed the older claim.
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Thanks for your responses.
68mustang
Bob,Yes you can request the VA to respond either by email, phone or mail. I would bet you might get a call if you request one.?
I just checked and you actually request one of the three or it will not let you continue. There is no default.
With that much I wonder if it is new.
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I requested my claim file in early January of this year through IRIS and I received some documents yesterday. Most of the documents are from when I attended college under the GI Bill during the 1970's. There is only one page from a hearing loss claim that I filed in 1989. There is nothing else on this claim, which was denied and went all the way to Court of Veterans Appeals. I filed another claim in 2001 on another issue that was also denied, but no documents are there with the copies that were provided. I called the 1-800 number today and they confirmed that I had put in a claim in 2001, but the system does not go way back 1989. Plus I also asked the status of my current claim for hearing loss and Meniere's disease and I was told that it is at the ratings board and that it would then be sent for authorization, whatever that means.
Can anyone tell me whether documents for all pending and past claims are supposed to be in the claim file copies that I was provided through IRIS? Thanks.
68mustang
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I have used the same site you mention. But I thought you were talking about another 1-800 that I am not aware of. IRIS has provided responses by e-mail, but none by phone. Thanks.
68mustang
68,You start here on the web :
https://iris.va.gov/scripts/iris.cfg/php.ex...r/cci/ask_1.php
I have made some very detailed requests and the reps always seem to study up on it before they call. So be detailed as possible. One submitted, they call you!!!!!
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I am new in taking on my 2.5 year old claim myself. In the process of learning the ins and outs I can tell you one positive thing. IRIS. I filed two issues with IRIS. One yesterday and one today. Yesterday I spoke to the most polite, respectful and knowledgeable person I ever had any dealings with at the VA. She had called twice (I missed the first one) the SAME DAY!. I was more then ecstatic and impressed with the outcome of the call.
That was until today. Once again I filed an issue. Once again I received a call within hours. All issues and requests that I had (new issues / requests not the same from yesterday) were dealt with in the most professional manner, more so then yesterday.
A far cry from calling the generic 800 number. One can only assume that these people are hand picked as they are the best. Nice to see something actually work. It should be worth mentioning that the two people I spoke to from IRIS were veterans themselves. A first for me with phone reps.
As a side note I am (hopefully) getting stuff done faster. It seems the work that IRIS is doing is saving me from tedious paperwork and such (request for c-file etc...). It seems the phone reps can trigger stuff through the system.
Anyone have similar experiences? If you have not tried them maybe give it a shot?
Good that you able to get responses so quick. What number did you call?
68mustang
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This is interesting info for those vets who have been exposed to acoustic trauma.
http://www.medifocushealth.com/TL008/Intro...e-s-Disease.php
68mustang
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Thanks
Hope that it can help someone
68mustang
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I don't remember if I read this here I think it has some good info.
http://www.noiseandhealth.org/article.asp?...;aulast=Nageris
68mustang
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I have never heard Menirere's to be hereditary.
This is a good print out if you need it:
http://www.nidcd.nih.gov/health/balance/meniere.asp
I dont think you will need it however.
Thanks Everyone for your input and good wishes. Berta thanks for the web site. I'll post whatever is decided. Hopefully it will not be denied, but if is I'll need your help again.Thanks again.
68mustang
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Berta, Carlie, VMO, Rockhound, and ClownMan thank you all for your input on medical treatises. Yesterday I went for an exam with a QTC contract doctor. The exam was for hearing loss and vertigo secondary to tinnitus for which I have 10% rating for. I told the doctor that I had been in the Navy and worked in the boileroom and engineroom and he stated that more likely contributed to my hearing loss. He tested me for the vertigo and then I was administered an audiometeric test, which show that I had hearing loss in both ears. The audiologist stated that I should check with the VA about hearing aids. The doctor discussed the results with me on both the hearing test and vertigo exam. He stated that I had hearing loss in both ears and that I had Meniere's Disease. He asked me a bunch of questions, such as whether any one else in my family had Meniere's. The answer to that was no. He stated that many times the disease could be hereditary I emphasize to him that no one else in the family had it. He asked me how the hearing loss and Meniere's affected my everyday life. I told him the many ways it affects me and also my wife. He said that he would be sending a report to the VA today on what he diagnosed.
I am afraid that the doctor might say that the Meniere's is not secondary to the tinnitus. If that happens and the claim is denied I want to be prepared to file an NOD.
Do you all have any other input to provide so that I can be prepared if the claim is denied? Hopefully your input will help me and others that might have the same concern. Thanks
68mustang
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Berta on 2-2-09 there was a post on medical treatises being used in support of VA claims. There was a short sample of a treatises. My question is, could we use the internet to look up treatises in support of a particular disability? If not, where else could one look for them? Thanks.
68mustang
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Just remember you need a medical opinion beyond just progress notes to win a secondary condition. The VA will not connect the dots for you. I had to get medical opinions to establish a nexus for DMII secondary conditions and these are well known complications. Your doctor needs to nail down the nexus for the secondary condition in no uncertain terms.
Thanks for the info I will remember that.
68mustang
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The GAF is used to evaluate your overall functioning on the day you are examined in accordance with your capacity to function in everyday life. rentalguy has provided the link for the ratings on mental disorders like chronic adjustment disoder,PTSD,depression,anxiety to name a few. Remeber, you can only be compensated for one mental disorder at a time, if there are multiple mental disorders present, the most severe, or highest s/c disablity will be the one paid for s/c.
Good luck
Scout
Thanks again.
68mustang
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any condition is rated under it's own specific rating criteria. It does not matter if it is a secondary condition, or a primary condition. You can check my mental health claim repository to see the different rating criteria for adjustment disorders (depression, et. al.). There is a link in my signature line for that thread. The ratings are staged, and go 0%, 10%, 30%, 50%, 70%, and 100%.
Thanks rentalguy1. This is good info for all of us.
68mustang
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yes try the gaf scores
Thanks for the responses. Will try it.
68mustang
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Does anyone know what the rating is for depression secondary to tinnitus? Does it range in percentage? Thanks.
68mustang
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For those of us battling the VA over SC for Hep C due to jet injectors, I am trying to locate members of the various medical corpsmen branches. In our claims we often have various research documents and our own statements. What we need are statements from those that had to actually use the guns. This is an email I am sending out...
Hi, my name is Dave. I'm a US Navy vet. I am trying to help other vets, as well as myself, in an ongoing battle with the VA over disability claims relating to Hepatitis C and Multi-Use Jet Injectors (MUNJIs)
We are trying to contact as many medical corpsmen as possible in an effort to obtain statements as to how the jet injectors were used and sterilized between use. If you were one of the many medical corpsmen, of any branch of service, between 1962 and 1998 and if you personally used the jet injectors, we need your help, now.
The VA has determined that the instance of HCV infection in veterans is several times higher than that of the general population. 20% of these have no obvious cause of infection. No drug use, no tattoos, no transfusions. The one thing that we all had in common is the jet injectors used in mass immunizations, primarily in boot camp. While there have been a few disability awards for HCV infection, there has only been one citing the jet injector as the probable cause. The VA refuses to admit that it is not only plausible, but more likely than not that infection came from unsterilized jet injector use. Tens of thousands of infected veterans are at risk and the VA is not helping.
Since HCV can take decades before it shows any symptoms, it is almost impossible to "prove" where the infection came from. What we have are numerous research studies from the World Health Organization, NIH, CDC and others that show that it is plausible. What we need are statements from those that were under orders to use the Multi Use Jet Injector (MUNJI).
Most of us remember standing in those long lines at boot camp, especially in the 1960s and 1970s. One after another, we got "shot". It was normal for blood to splatter back on the nozzle of the gun. While those of us that were on the receiving end remember it well, what we need is information from those that had to inject us. We need to know if or how the nozzles were sanitized between use.
We all know it would be impossible to sterilize nozzles between use, if you have to innoculate several hundred people in an hour or two. But without the statements of all involved, our cries for help from the VA go unheard.
Please, if you were a medical corpsman and have direct knowledge of how the guns were used, please tell us about it. We have one statement now from a wonderful Army Medic, we need more. Please contact us if you can help. You will never be asked to testify, we only hope you can make a statement. We will not publish any personal information. If other vets need a copy of your statement, we will ask you first.
Here is a link to our one Corpsman statement we now have...
http://www.vetsandhep.org/index.php?option...0&Itemid=54
www.vetsandhep.org
www.HCVets.com
Thank you,
Dave
I was also in the Navy 1967-1971 and I also received those type of shots in boot camp. Plus I received an adenovirus vaccine, which the Navy noted that I volunteered for. I never volunteered nor was it ever mentioned that we were being use as test subjects.
A few years ago I also emailed, sent letters,and made phone calls to the two corpsmen who were on the destroyer during my time there. I asked them for help on a VA hearing loss claim I had filed plus info on asbestos on the ship. All I was asking them was to please confirm that no hearing conservation or asbestos handling protection programs were available at the time. Both of the corpsman never responded. I was and still disappointed that neither responded offering to help.
68mustang
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have you ever had a hearing test before? just be yourself and do as well as you can trying to hear the different tones and words. It does you no good to try and cheat or not do your best on these tests. Which I am sure you will NOT do, but they should give you and honest shake. If you feel you have tinnitus make sure you bring that up too. While I have had many test for hearing over the years I have had only a C&P for one in many years. Good luck and make sure to get a copy of the exam as soon as you can.
good luck with your claim.
Thanks to stillhere and Pete53 for your advice. I do have tinnitus and it is rated at 10%. I dread that I am seeing a contract doctor, but hope that he gives me a fair evaluation. Thank you for the encouragement and good luck wish.
68mustang
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Update.
Does anyone else have any advice on this subject? I have already received some good advice,but has anyone been to a hearing loss and vertigo exam for a VA claim? Would appreciate any info you could give me.Thanks.
Appointment For Hearing Loss and Vertigo Exam.
QTC the contractor that handles VA claims exam called me yesterday to tell me I had an appointment with a contract doctor for hearing loss and vertigo exam. The person who called told me that the exam would be for the rating process. The appointment is in February and I would appreciate any advice you all can give me on this. Thanks.
68mustang
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Don't worry Bob he will tweak it ok. You got to remember whether it is Bush, Regan or the Wonderful One, they are all the same. Things are bad and they (bush/regan) would and he (Obama) will cut anything that he preceives not to be vote worthy. Now can you tell me when the last time the veteran community was vote worthy?
Yes Bob they are all the same.....even Obama. Our best bet is to keep our mouths shut until the economy stables itself up a bit so none of the politicians will be concerned about cuts to fund their votes.
I have seen many Secretaries of the VA come and go. Guess what? All of them come in and promise that they will change things. To me they just tell you what you want to hear. This new Secretary of the VA when he takes office will make many promises and only time will tell whether he is able to keep them. I remember when Principi was the Secretary of the VA and he came here for a town hall meeting. I thought that since he had been in the Navy and had served on WW2 era ships that he would be receptive to the issue of asbestos and hazardous noise aboard those type of ships. He told me to give his aide a letter that I had written to him about the issues. Guess what? I never from them again about my concerns. There have been other Secretaries who have held town hall meetings and they all promised change. Does that sound familiar? The way for things to change for veterans is to continue to press the issue with politicians and look for a well known person to be a spokesperson for veterans' issues. There are many well known persons who have become spokespersons for many different issues that affect persons in this country as well as other countries. Gary Sinise ("Lieutenant Dan from the movie Forrest Gump") has been to Iraq to visit with the troops and would be great as a spokesman for veterans.
68mustang
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I am re posting these two items because of "deemed denied" claims. One has info on what should be in the denial letter and other has about claims filed before the 2006 Deshotel V Nicholson ruling. I read them and found them interesting. Please let me know what you think about these items. Thanks.
68mustang
https://www.judicialview.com/ajaxupload/upl.../1205426621.pdf
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Don't know if this right place to post this, but here goes.
Just read this on the following web site.
68mustang
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The following web sites have some info on deemed denied decisions.
They might be of some help to veterans. Please read them and let me know what you all think. Thanks.
68mustang
https://www.judicialview.com/ajaxupload/upl.../1205426621.pdf
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Yep, contact Reps and Senators. But the focus should be on getting them to re-write the law and include terminlogy to it that the veteran must be notified of ALL denials. The new law should be retro-active to include past claims.
No denial letter should = no denial.
See if you all can open the following report at this web site:
http://www.va.gov/Vetapp/ChairRpt/BVA2007AR.pdf
Board of Veterans' Appeals
Report of The Chairman
Fiscal Year 2007
Read page eight it addresses the issue of claims being "deemed denied". Please let me know after you read it what you think. Thanks.
68mustang
Claim File And Claim Update
in VA Disability Claims Research
Posted
Berta I don't know if you saw my response the other day on this topic. Thanks.
68mustang