68mustang

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 http://www.va.gov/vetapp08/files1/0800024.txt

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

Thanks vaf. You are right I should request it by certified mail. I did know that it might have to be requested by mail. Lets see what the response is through IRIS. I am still within the time limits to file an NOD if I have to. 68mustang

Thanks to all of you for your responses. I went to the DAV this morning for help with denied claim for hearing loss. Last night through IRIS I sent a request for my c-file and a copy of the 2007 "phantom" denial letter for hearing loss. I don't believe that the denial letter ever existed. DAV rep. told me that when I receive the documents to go back and we'll see what we need to do. I feel that it we be an uphill battle, but I am up for it. I am not going to let the VA get away with an inferred hearing loss claim if that is what happened. Plus I will be sending a letter to my Congressman about the VA'S "Deemed Denied" ruling from 2006. I read the the info on the ruling and all I saw was that if multiple claims were made and if one was denied all others would be deemed denied. In my case I only filed for tinnitus and not for hearing loss. The tinnitus claim was approved and there is no paperwork denying a hearing loss calim. Again thanks. 68mustang

Purple and Larry J thanks for your input. I don't know how an RO could give a denial when there is no claim for hearing loss. I agree that the RO could have made a mistake and wrongly assumed that a claim for hearing loss was made using the doctor's report. I'll also ask to see my c-file and call the 1-800 number for a copy of the alleged claim. Thanks.

Thanks for the info provided by all of you. Larry J to answer your questions below. The denial that I received this past month mentions that I had previously file for hearing loss in 2007 . I never filed for hearing loss at that time. In 2007 I for filed tinnitus and not for hearing loss. The tinnitus claim was awarded and the award letter did not make any mention of a denial for hearing loss. If there had been documentation of a denial for hearing loss I would have quickly file an NOD. I believe the VA has made a mistake in saying that a non existent hearing loss claim from 2007 precludes me from using the doctor's report that was used for tinnitus in 2007. The doctor's report documents hearing loss due to exposure to acoustic trauma in military jobs and I believe that I should be able to use it since it has not been used to support a hearing loss. Thanks. "Did your denial for "hearing loss" state that this doctor's report was used to come to the conclusion of the denial? Is this doctor's report mentioned anywhere in the SOC? If not, then I'd file an NOD for "hearing loss" and use this doctor's report as the basis of "new and material" (meaning it is new evidence that the VA had not considered in the original claim and that it was, indeed, material evidence that, if it had been considered, would have materially effected the decision".

Recently I put in a claim for hearing loss and vertigo. The VA denied the hearing loss, but has let the vertigo claim go forward. The reason the VA stated for denying the hearing loss claim was that last year I had put in a claim for hearing loss, which was denied and that I did not appeal the decision within the one year time limit. I did file a claim for tinnitus, and did not file a hearing loss claim. The tinnitus claim was approved and I received a 10% rating. The award letter states that my tinnitus claim was approved and nowhere in the letter does it state that a hearing loss claim was denied. The VA also states that in order for the hearing loss claim to continue, that I need to provide new evidence which has not been previously used. The doctor's report that I sent in last year for the tinnitus claim stated the I had tinnitus and hearing loss due to acoustic trauma while in the military. The doctor's report was used on the tinnitus claim, should that report be allowed to support my hearing loss claim since I had not previously file for hearing loss claim in last years original tinnitus claim? Any input that you all might have would be appreciated. Thanks. 68mustang

The following web site has the schedule for the rebate checks. http://community.stretcher.com/forums/t/4476.aspx 68mustang

I found this article about noise-induced vestibular dysfunction and the possible association with noise exposure. Hope this helps those with vertigo and tinnitus. 68mustang http://www.noiseandhealth.org/article.asp?...;aulast=Nageris

Thanks again for your help. 68mustang

This is what I was talking about. It was posted on hadit.com forum. http://www.hadit.com/forums/index.php?showtopic=16521 I also found the following site. http://www.va.gov/vetapp03/Files/0309432.txt Plus Berta has provided helpful info. 68mustang

Thanks Berta. You are always there with the help. 68mustang

Berta I hope that you may provide an answer. I am presently rated 10% for tinnitus. I have some dizziness, which causes me to lose my balance. I also have feelings of fullness in my ears. I am now thinking of filing a claim for Meniere's secondary to tinnitus. I noticed that another vet's claim for Meniere's secondary to tinnitus was approved and rated at 30%. The reason for the approval was that the Meniere's was likely as not caused by the veteran's military service or SC tinnitus. I am glad that the vet got his claimed approved. I was under the impression that Meniere's was not secondary to tinnitus, however with this new information I hope to file a new claim for Meniere's. Can you provide input on what to state in my new claim? Thanks in advance for your help. 68mustang

Berta What could the rating be if rated properly? Thanks 68mustang

I contacted my congressman's office several times here in San Antonio and in Washington about various VA related issues. Each time my calls were not returned within a reasonable time and I would have to call them again. Plus letters and e-mails to the congressman's office were only acknowledged after having to follow up and contacting the office. Several times I hand carried documents to the office and had them date stamp, but they would end up getting lost. One time I made an appointment to speak to the staff member who handled VA related issues. I showed up before the appointed time and when the staff member called me in he could not find my file. This congressman was not re-elected. After several years he ran for election and elected again. He is in office again and things have not changed. Again e-mails and letters go unanswered and are not acknowledged. Telephone messages are also not returned. I got more accomplished on my own and with the help of DAV. 68mustang

Berta you may find this web site interesting. It has to do with adenovirus vaccines that were administered to service members who went to boot camp at Great Lakes and other military bases. My medical records from 1967 Navy boot camp show that I volunteered for the vaccine. I never volunteered for the vaccine and I am sure many others were also administered the vaccines without their knowledge. It is interesting that some of the side effects of those vaccines were never revealed to the test subjects. There may be many vaccine test subjects who have come down with some of the side effects. And are not aware that their illness is associated with the vaccine tests. Vets need to check their medical records to see if they were also administered the vaccine without their knowledge like I was. 68mustang http://books.google.com/books?id=Irw82Iv5n...9HDAU&hl=en

I see no mention about asbestos exposure. The VA and Navy have not made any effort to warn veterans about possible asbestos exposure during their enlistments. Both the VA and Navy have forgotten about those veterans. 68mustang

Betrayed I also sent a letter to the VA, which was sent via my congressman's office, to see if a register similar to the Agent Orange register could be created for veterans exposed to asbestos or chemicals. I also sent a copy to the Navy Department and both stated that a register was not needed. Both stated that if veterans had any illnesses all they had to do was file a claim with the VA. So if a veteran files a claim for any illness that may have been caused by asbestos exposure or other chemicals the Va will usually turn down the claim. In some VA claims that have been turned down the VA has said that the veteran did not complain or have any illnesses at time of exposure. Studies have shown that it may take years or decades before any illnesses associated with asbestos or chemical exposure will become apparent. The VA knows this and continues to turn down veterans' claims. 68mustang

Boats if you cleaned the outside of boiler's tubes you were probably exposed to fuel oil residue. If you cleaned the inside of the tubes you were probably exposed to rust dust. Being a BT was one of the worst jobs in the Navy. I did that job for almost 2 years. My first day in the boileroom I made my mind up to transfer to another job that I was qualify to do. 68mustang

Allan do you know if the VA or Navy ever did a study on the effects of asbestos exposure on those WWII era ships that many of us served on? 68mustang

The following web site came out in the San Antonio Express-News today. The dean of the law school saw a need for the mobile law office program and states " This may be the beginning of a national movement". Lets hope that more law colleges become involved in helping veterans with legal problems. The mobile law office is headed next week to Austin and Houston, Texas. Hope you all can use this info. http://www.mysanantonio.com/news/metro/sto...ce.3806197.html 68mustang

Thank you Berta for posting this info. It is sad that here in San Antonio (Military City) that a local law university does not help veterans, but does have a free program to help undocumented immigrants with immigration issues. Sorry if I offend anyone, but I believe that our veterans need the help more. 68mustang

Thanks again for your response and I find it helpful. 68mustang

Thank you for your response. 68mustang

Thank you for your response. 68mustang