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bangkokbill
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Posts posted by bangkokbill
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On 9/8/2021 at 9:24 AM, Berta said:
GBA, is correct- get your VA medical records as well as the C file. And many veterans need to obtain their inservice SMRS
( service medical records ) and their 201 Personnel file as well.
I understand that the Military provides them for newly discharged service men and women, and I hope they leave the Mil with contact info for their unit buddies. Many veterans from older enlistments need to get them as every record you have could contain the evidence you need for a claim.
I like what GBA said- Help other vets. We all might know vets who have no idea how the VA claims process works, and I bet there are still BWN AO vets who dont know they have a valid AO claim, if they fall into the Blue Water Navy AO criteria here at hadit.
Will do Berta. Thanks so much for your advice and help!
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On 9/8/2021 at 8:15 AM, GBArmy said:
bankkpkbill If you haven't gotten all your records yet, request your C-file. It's going to take a year to get it but there may be something else in there you might be able to connect. I always ask the veteran "did you ever go to medical and what was it for?" Just turned my ankle, or I was getting frequent headaches is a response. That might get you ankle/foot/ back connection, or migraines. Or, most often, after reviewing you file you see medical entries you didn't remember and there could be a connection now. Keep reading and help other veterans.
Thanks GBArmy.
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1 hour ago, Berta said:
This is Fabulous news!!!!!!
I am so happy that you succeeded!
Thanks Berta, you helped me a lot, thanks so much for your support!
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4 hours ago, GBArmy said:
If you submitted on 12-1-20 the EED would be 1-1-21 the next month is correct.
Thanks GBArmy. I'm learning about the process and appreciate your guidance. I'm very happy to be approved; the one month is not a big deal.
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8 hours ago, GBArmy said:
Bangkokbill Congrats!! Nice job keeping with it. Check your state's Veterans' benefits, including registering in the town hall for exemption for property taxes (Home or car.) Maybe life insurance. Check other benefits; here is a resource: https://cck-law.com/blog/list-of-benefits-for-disabled-veterans/ Good luck.
Thanks GBArmy! I actually received my direct deposit today, Who Ho! Although I was expecting 9 months of back pay, Dec 1 2020 to Sep 1 2021, they paid me for 8. The VA lists Jan 1, 2021 as the effective date on my Award Letter, which is a month after I filed the claim.
But I'm super happy to actually be rated.
Again, thanks to every one who advised me.
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Approved Sep 1!!!!!
Tinnitus- Service connected, 10%
Hearing loss- Service connected, 0%
A big thank you to all the folks that offered advice and support!
Yesterday I checked my status, saw my claim was closed and I will be getting retroactive compensation. I'm pretty happy right now.
Again thanks!
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2 hours ago, broncovet said:
IM SC for hearing loss, which the VARO denied. I was awarded at the BVA. My "MOS" (US Navy does not use that term, but its familiar to many), was not consistent with loud noises. However, in my appeal, I sent a map (from google) where my barracks was at the end of a runway, where I testified that the jets flew just a few feet from us frequently.
I further testified that I was exposed to loud machinery that I operated, and gave the names and numbers of the machines, which I had studied in "A" school. "A" school is the school you take to "strike for a rating". You complete the school with a passing grade. Then, you are sent to your duty station, where, if you apply, you can take the test for "rating" ( a promotion..__). A "rating" in the USN was a part of your rank. In other words, in the Army you may be a "sargent", but in the Navy you would be a BT1 (Boilerman tender first class). There was no MOS per se, because your rating included your "specialty" as well as your rank.
I understood that changed in 2016, where Navy are likewise now given a more generic rank, (i.e. First class Petty officer), instead of a more specific rating which included your rank and specialty, as the Navy did in the past.
In short, there is no "MOS" for Navy. (At least not when I was in).
The Navy assigned you duties, however, which may or may not be consistent with your specialty and training, and more on the needs of the Navy. The Navy used to have a rating called "radioman". Well that is pretty much obsolete, but the electronics training worked well in similar fields such as an electronic technician, or computer tech.
Some ratings, such as Boilerman Tender, pretty much were assigned anywhere needed. However, the Navy knew your GCT-ARI scores so they pretty much kept you in a field consistent with your education and intelligence.
My GCT-ARI was "top tier", where I qualified for everything, including Astronaut training. So, when I spoke with the vocation counselor, I told him I wanted to jump out of airplanes. He replied, "No, your GCT-ARI is too high. Anyone can jump out of an airplane. We need you in a high tech field which requires math skills and intelligence."
I said, "Give me that test back and I will mark every other answer with none of the above".
I found out later, God's hand was in this. That was the reason I was not sent to Viet Nam, they considered me smart and that I should do things which require intelligence.
After the Navy, I went to college and fairly easily got my degree. I thought college was pretty much a repeat of high school, and breezed through it as I had done in high school.
Its one thing my hearing loss helps with. A lot. I have to "intently" focus on the speaker. Reason: I will miss (be unable to hear/understand) some letters. "F" is hard to hear, for example, while the vowels are pretty easy for me to understand. Thus, to understand, I had to work cross word puzzles to understand what the speaker said. One hilarious example of this is a female friend told me she had an "email problem".
Well, I told her I can help. (I knew about email and computers). She got mad and hung up on me.
Later, I figured out she did not have "an email problem", she had a "female problem".
I didnt get that cross word puzzle right. When someone speaks, and I miss a letter, I fire in possible consanants which make sense in context.
My grandson kept talking about "heat" while I was making spagetti. He said he did not want any heat. I told him the spagetti isnt good cold.
I have to apply heat. He repeated "no heat".
I knew something was up. I asked my wife what he said. She said he said, "no meat", not no heat. He did not want MEAT in his spagetti, not heat. I have lots of trouble hearing "F" "th" and "S"
Thanks so much broncovet, some very good info!
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32 minutes ago, Berta said:
GBA is RIGHT 100 % !!!!!!!!
I will do some more research on your unit- and can post any direct cnact info Ihave if I know the name of the VA Regional Office you deal with.
It will take some time because, with a half hour here the roofer will be making lots of noise hard to think straight----
To bolster GBA's point- many of these raters/adjudicators at the RO, might well be veterans but that does not mean they understand many of the MOS's fr each branch of service ,and what those military duties actually involved.
I noticed in many of the BVA decisions, that the veteran had detailed exactly how they were exposed to acoustical trauma.
Some of them were not even born when the Vietnam War occurred.
Yes Berta, I'm beginning to feel like a dinosaur, LOL! The Army still paid us in cash, once a month. I called home on Christmas and had to go to a German Post Office to make the call, fill out a form, then wait for the next telephone booth.
I like history and think about a Civil War vet that served near the end of the conflict in 1864-65, then 50 years later in 1914-15 there were air planes, machine guns and radio signal communications. I've seen some Youtube clips of the 50th anniversary of Gettysburg in 1913. US Army soldiers were showing veterans how a machine gun operated...
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18 minutes ago, Berta said:
Sorry for the acronyms-
VSO Veterans service officer
BVA Board of Veterans Appeals-Washington DC
I fund so far veterans who served in Germany who were radio operators and were awarded for Tinnitus.
While a BVA decision only applies to the specific claimant- their decisions hold a wealth of info.
This is in part:
"Here, the Veteran contends that he incurred tinnitus due to noise exposure during his military service. See, e.g., Board hearing transcript dated March 2017. Specifically, he asserts that he was exposed to loud radio equipment noise, weaponry, and grenades while he was stationed in Germany as a communications specialist. He explains that during the course of his military occupational specialist (MOS), he was exposed to loud noises from his radio equipment, such as loud buzzing frequencies. Furthermore, during the March 2017 Board hearing, the Veteran testified that he experienced ringing in his ears since his military service. Id."
"His DD-214 Form reflects that his MOS was a radio operator and a multichannel equipment operator, and that he was stationed in Germany as a multichannel equipment operator. His service treatment records reflect no complaint or diagnosis of tinnitus during service."
"The Board has no reason to dispute the Veteran's credible lay statement concerning his in-service noise exposure. To this end, the Veteran's statements are consistent with his with his DD-214 Form. Therefore, his claimed exposure to loud noise is consistent with the circumstances, conditions, and hardships of his service, and is credible. See 38 U.S.C. § 1154 (a) (West 2012)."
https://www.va.gov/vetapp17/files9/1759448.txt---------------------------------------------------------------------
Next one in part:
"The Veteran contends that he has tinnitus, or ringing in the ears, which developed during active duty as a result of harmful noise exposure.
At the outset, the Board notes that the Veteran has credibly reported experiencing ringing in his ears during the pendency of the appeal. Moreover, he was diagnosed with tinnitus during a November 2014 VA audiological examination. Thus, the Board finds that the current disability element has been met.
Additionally, the Board finds that the in-service element has been satisfied. The Veteran’s personnel records reflect that he served as a radio operator, and he has reported (for example, in correspondence received in April 2018) “monitoring and communicating with high frequency [M]orse code for long periods of time”—a task which involved exposure to “constant high pitched screaming and ringing.” The Board accepts his contentions of harmful noise exposure in service. See 38 U.S.C. § 1154(a). Consequently, the only question on appeal is whether there is a link between his current tinnitus and in-service harmful noise exposure.
After reviewing the record, the Board finds that the evidence supports the Veteran’s claim that his tinnitus originated in service. As noted above, the Veteran has reported ringing in his ears since being exposed to harmful noises in service. A VA audiological specialist has noted the Veteran’s reports of ringing in the ears since service, and diagnosed him with tinnitus. Although there is some negative evidence in the record regarding the Veteran’s claim, the positive evidence put forth by the Veteran of ringing in his ears during and after active service renders the nexus element to be at least in equipoise. As such, a nexus to service is shown and service connection will be granted. See 38 C.F.R. §§ 3.303(b), 3.309(a); see also Charles v. Principi, 16 Vet. App. 370, 374 (2002)."
https://www.va.gov/vetapp19/files10/19177782.txtI need to mention that the NPRC problems were reported on TV about a week ago-
They do suffer a tremendous backlog, but the problem is probably at your RO.
If you give us the name of your Regional Office ( VARO) I can post some contact info here- tomorrow----(in midst of men working on my home ,it has been hectic)
GBA made a good point too- I bet your unit has a web site-
if you tell us the exact unit designation of your DD214, you might find info on the site and maybe even be able to contact a "buddy" to verify the proximity to flight line or the other things you mentioned as to the acoustical trauma you were exposed to.
By unit designation I mean like this I use my deceased husband's as example
"1stMARDIV, 1st Amphibious tractor Battalion, USMC Danang Vietnam 1965"
(it was originally 3rd Marines but Admiral Zumwalt changed that)
You said :" We also used loud generators to power our mobile radio trailer. "
That would be great evidence if you can get that verified by a buddy- but your MOS alone might do it--
I will try to find our acronym help list
You said "I remember the NCO instructors shaking their heads saying why bother, a monkey can key a radio mike- and they were right." Yeah! Ha Ha
Hi again Berta,
My unit was HHB 2/60 ADA USAREUR
Headquarters Battery 2nd Battalion 60th Air Defense Artillery, US Army Europe
Ramstein AFB, West Germany (Very loud aircraft and busy base)
MOS 05E20 (Voice Radio Operator) and 05C20 (Radio Teletype Operator)
My DD214 only lists 05E20 MOS, but lists my Radio Teletype School. But assigns MOS 05E20, which is incorrect. I earned 05C20 at school in W Germany
At least they got my name correct, LOL!
Again thanks for your help, you're great!
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44 minutes ago, GBArmy said:
Bankokbill Unfortunately you are between a rock and a hard place. Do you have a VSO that can look into your file and find out what they are looking for? Or, a Veterans claims Agent could help or a lawyer but it's stuff to get them to do something for you if there isn't any $ in it for them which there isn't unless you are appealing a previously denied claim. A VSO can though at this stage. If you present the evidence and can prove the service connection and you have a current diagnosis for the tinnitus, they have toe approve. Or you go to the BVA. They just can't deny because the VA DIDN'T get your records/evidence, you provided. So, start at square one. Do you have a current diagnosis from a doc or audiologist that states you have tinnitus? Next, you need a favorable diagnosis from the same that can link the event or illness that you had in the service to your current condition, called a nexus. The statement would be something like "based on the veterans medicakl records and his current ...testing he has tinnitus. He was ex. exposed to... while in service and my eval is consistent showing the event that caused his tinnus hs at least as likely as not the direct cause of his service disability. This is my professional and medical opinion which is based on ...years of practice. Next you need buddy letters. You talk about the event in service. If your MOS is a high correlation to hearing problems, you talk about (back then, we didn't have OSHA or ear protection, etc.) If there is someone in your family that can attest to early acknowledgement of your tinnitus, you get a buddy letter for that as well. When you have ALL three elements of the claim, you submit it against the claim and wait for the decision. If disapproved, you go to the BVA. What was your MOS? Were you deployed to Vietnam? They could be factors in your favor.
Thanks GBArmy!
I trained as a radio operator, MOS O5E, then went to Radio Teletype Operator, MOS O5C school in (then) West Germany, I was Army but stationed on an airbase in West Germany, near the flight line. We also used loud generators to power our mobile radio trailer. This is my first ever claim so I am unfamiliar with acronyms like VSO and BVA. What do they stand for?
I'm too stubborn to let this slide. If my claim is denied, so be it, but I'm going to fight the good fight.
In a pre employment exam, 30 years ago, I was told I had significant hearing loss in my left ear, the same ear I have tinnitus in. I wrote and called that medical center, but they ignored me. I also shared that information with the VA, but I don't know if they pursued it or not.
Off topic, but in my Radio Operator AIT class at Ft. Ord, CA, one guy went to Viet Nam, eight to South Korea, the rest of us went to West Germany. No one remained stateside. At Ft Ord we trained using Morse Code, then half way through training, they dumbed down the course to voice only. I remember the NCO instructors shaking their heads saying why bother, a monkey can key a radio mike- and they were right.
Again, thanks so much for your help!
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1 hour ago, Berta said:
That is Superb advice from GBA!
By all means go over this list:
https://criteria.njarmyguard.com/wp-content/uploads/fast-10-35.pdf
This is an update of the original Fast Letter 10-35 that has helped many veterans here,
As this notable vet law firm states, tinnitus is almost always rated at 10% and no higher for one ear or both ears:
The article also reveals some conditions that could be found as secondary to the tinnitus.
You are only claiming tinnitus? And not hearing loss as well?
You might well be able per your MOS on your DD 214, and with this updated VA Fast Letter , enhancing the initial 10- 35, to get a reasonable response on your claim.
Thanks Berta!
Yes I filed for tinnitus and hearing loss, both in left ear. My C&P Exam was on May 21, 2021. Maybe the NPRC is not being truthful... Plausible since the VA continued to work during the pandemic, but the NPRC did not.
Reply from the NPRC to my congressman: You submitted a request to our facility on behalf of veteran *** ***** requesting that you intervene in his request and get his records delivered to the VA in a timely manner. His records were dispatched to the VA on May 25, 2021 and we will be unable to access them until they are returned to us. I sent Mr. Clevenger an official response on one of his personal requests stating that the records had been dispatched to the VA.
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20 minutes ago, GBArmy said:
Bankokbill Welcome to Hadit. The VA has a "duty to assist". The veteran doesn't have to provide copies of your military records or medical records; the VA is supposed to do the leg work. It takes longer if they do; we suggest you provide if you have the evidence yourself, that way it specifically part of your evidence for your claim. That said, they are supposed to but they often take the easy way out and say they couldn't get the records. What is in your records at the NPRC that you need to prove your claim? Is it your MOS that shows an increase of your opportunities to have exposure to loud noises? You can get that off your DD214. A statement in support of your claim, or Buddy Letter, may be a good substitute for your missing evidence. You do one on how the tinnitus affects your daily routine at work and interactions with others. Get another from someone who knew you before you experienced the disability, and how it affects you now.You can and should request a copy of whatever your missing thru a FOIA request, but know it's probably a year away because of the backlog. Lastly, as indicated by getting your MOS of your DD214, there may be alternative resources depending upon what evidence you are missing. Example: newspaper clipping from a car accident or a flight ticket. Without know what you need, I would just advise to be creative on trying to get what you need.
Thank GB Army.
I have no idea what the VA wants from my personnel records. The NPRC says "We sent them to the VA"; the VA says "We are still waiting for the NPRC to send your records. They did request and I sent them a copy of my DD214.
Either the NPRC or the VA is not being truthful, in that the NPRC says they sent my records on May 2021 and the VA is saying, no we never received them. I was discharged almost 50 years ago and lost contact with the guys I served with, so buddy letters aren't an option for me.
I can understand the VA having a back log, but making no attempt to actually track down my records is negligence.
I need to find a responsible person that will actually investigate where my records actually are
Maybe write the head of the VA?
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Hi Board,
US Army vet needs advice on nudging NPRC and VA to acknowledge where my service records are and move my Tinnitus claim forward to a decision.
By way of background info, I filed an online claim with the VA on 1 Dec 2020. I tracked the progress online and noticed it was stuck on evidence gathering for several months. I then requested (online) for the VA to make a decision, since I had no further evidence to submit. I attended a C&P exam on May 21, but my claim remained stuck on "Evidence Gathering."
I reached out to my congressman and both senators; one senator ignored me but the other senator and my congressman promptly replied around 20 Jun 2020 (OK, a staffer
) The VA says they requested my records around 28 Dec 2020 and 15 Mar 2021- and were still waiting. The National Public Records Center says my records were sent to the VA on 21 May 2021 and are no longer in their custody.
During July, I have called the VA twice and was told they are still waiting for my records from the NPRC.
Any advice on how to proceed? I'm stuck in limbo between two government agencies that are not taking responsibility and I have yet to find a decision maker that can move my claim towards a decision.
Thanks in advance!
Bangkokbill
Filed Claim 1 Dec 2020. NPRC says it sent my Records to VA 21 May 21. VA says it is waiting for NPRC to send records.
in VA Disability Claims Research
Posted · Edited by bangkokbill
Thanks. I'm good now, my claim was approved September 1, 2021 and retroactive pay received Sep 7.