tom91

Thanks for the feedback. The DX I received was from the VA so on one hand, I'm surprised I have to go through a C/P exam. Would you think that they would schedule the C/P if they still questioned me being in a combat zone?

Claim was originally denied due to lack of stressor and ability to confirm I was in combat zones. Claim being reconsidered due to knew legislation whereby stressor not necessary. I also located/provided docs that support I was in combat zones (one doc even references that I was located in imminate danger zone). Was dx w/ptsd for about 2 years now...just recvd word I will be scheduled for c/p evaluation. Should I take as a promising sign? Seems they wouldn't go to that extent if they didn't feel my claim was valid. Thoughts?

So the codes do not indicate that I was NOT in combat zone but simply whether or not I have a disability from combat. Correct?

Came across paperwork on my rating decision. It includes Combat Status = 1. Does anyone know definition of the 1 code?

Thanks for the feedback. Berta - They denied the claim due to no evidence of it in my service treatment records. I was released in 91 and in my VA records in 94, that recognize that I was seen for symptoms of restlessness, hyperalertness and intrusive thoughts re:gulf war. They issued no DX but gave me info on PTSD services. Years following I was treated for bipolar initially through civilian psychiatrist and then VA. First record of PTSD DX was in my VA records in 2008/2009. The denial was ultimately due to lack of in service stressors. They stated my personnel records and DD214 did not show I participated in combat or received combat award. I served during Desert Shield at which time I injured my back and was fearful I could not move quick enough during the scud missiles we were incurring. Bottom line, denied for no stressors. Thoughts?

My fellow Veterans, I would like your input on this. I filed a claim in 2009 for PTSD and was denied. They stated there wasn't a DX for it until 2008 and no evidence of service connection. There is reference to mental issues dating back to 1994, within 3 years of me being released from the army with other disabilities from Desert Storm. My year to submit an appeal is coming up soon but my counselor advised that we should ask that my claim be looked at again since the new guidelines were signed off back in July. It was submitted back to the reconsideration board two weeks ago. Has anyone had a claim sent to the reconsideration board? I never heard of that. If so, what kind of turnaround can I expect?

Does anyone know what the schedule is for paying our $250 stimulus check? All the VA would share with me is 'sometime in June'. THey surely have some kind of schedule...?

The RO in reference to mine is in Nashville. Spoke to VA Rep today and informed that it does not create any risk it simply is an expedited process through the pilot they are participating in.

I received a response from the VA today that my claim for PTSD had been received. My RO is apparently one of the offices in the pilot for expediting claims. Although anxious for a response to my claim, not sure if expediting would result at my claim being at risk for approval...? Anyone out there experienced this or can provide feedback?

Sorry, what is CIB & PH? You would think that since the VA has already diagnosed me with it and is aware of my symptoms from Desert SHield/Desert Storm it shouldn't be such an issue but I suspect it will. Here's another question on this...I was diagnosed as bipolar after I was medically discharged. The diagnosis/symptoms have a lot in common but my dr.'s feel I actually have both and have diagnosed me as such. Seems I should go after that as well whether or not the PTSD is approved because my symptoms never occurred until after I was medically discharged. Could bipolar not be a secondary condition made worse becaus e of the PTSD?

I have 20% disability on my back, raised by 10% just in the last year. I don't have any statements from anyone in the service but provided several from friends, family, and present coworkers. Just to clarify further, my reference was to skud missiles were the alarms to take cover. We were never given any details as to what occurred but the missiles never hit our camp.

I would like some advice on a claim for PTSD that I recently filed but remains outstanding. I've read a lot of information about claims for this and it seems to be imperative that you have a specific stressor in order for the VA to approve it. That is specifically where my concern lies. I served in Desert Storm but did not experience combat. I suffered a back injury at the onset of arriving in Saudi but remained there for several months before they finally diagnosed the injury correctly and sent me back home. During that interim period, the trauma I experienced was a result of skud missile attacks and my inability to move very well because of the injury. There were a number of times that I couldn't get in my foxhole without the assistance of other soldiers. I just knew that I wasn't coming home alive! I've dealt with symptoms for years and did not realize until recently what was wrong. My nightmares date back for over 13 years, whereby my legs are blown off and I can't run for safety. There is note of this in my VA medical files but I don't have my military records yet -- been waiting for over 6 months! The VA diagnosed me for PTSD a few months ago and I currently attend regular counseling sessions for it. Based upon my stressor, I don't feel very confident that I will win based upon all that I've read on stressors. Would like other opinions. I did have my VA medical doctor ask if I had filed claim as he felt I should in order to receive further benefits that I deserved.

I was told that the Tn. Vet. Aff. Office was the same as the VFW and that I had to use the tn. Vet. instead of the VFW, they used my ssn# to assign my couslor and I am a member of the VFW and feel that I should be able to use who I want, but fear that if I raise cane that there may be bad results, and I have heard good results about the Tn. VFW. The DAV, I have heard good and bad. What now ................

Sorry friends....it's TN Vet Affairs. I've not done a NOD or anything else at this point. The decisions were all back in August - October of 08. Some claims were approved but should have back pay (original counselor agreed as well), while others I disagree with the % given or either was denied.

I have a number of claims that I need to appeal. I've been reassigned to a counselor with the Vet Affairs office that previously worked on my case. He wasn't then and isn't now receptive to my needs. After many attempts to reach him, I requested their office to provide me with contact info for a VFW counselor and was informed that they are one in the same...? Is that the case? I've been informed that a VFW counselor is more successful with appeals than the Vet Affairs office..? Should I go with the DAV? One other question - the counselor indicated that I would need to initially write a letter to the VA with a list of my appeal requests, provide to him, and it would subsequently be given to a VA Specialist for a decision. If I did not agree with that decision, then I have the right to go before a judge. Is that indeed the process?

Additional info in response to your questions. My claim to the VA was in August 91 immediately following my discharge in July of 91. It states that my discharge exam in January 91 shows hearing to be within normal limits & speech range, therefore denied. There is no reference to the dr stmt on the consultation sheet showed hearing loss & req'd further eval. Make note that my the 4000 & 6000 range had significant changes between enlistment to discharge. Although 6000 range is not included in a rating, the high ranges is the indication for tinnitus. In addition, the listing I completed (have copies of) for the military dr. prior to my discharge exam includes reference that I experience high pitch sounds in both ears. I also marked under hearing loss 'don't know' because I quite frankly wasn't sure of how to consider high pitch noise to be. All of this should have been reviewed by the VA as it is all included in my smr's. As to previous denials: 1991 - see above 1999 - The C&P exam states history as positive for military noise and exam shows mild loss @4000. Goes on to say results did not indicate medical f/u or such a problem that if treated would result in improvement. Claim denied because there is no evidence this condition either occurred in or was caused by svc. 2001 - Reference that previous two claims denied due to it not being found on my discharge exam. Further, 'the dr. exam furnished shows hearing loss in both ears. There is no evidence showing diagnosis of tinnitus in service or evidence to link to present condition to vet's military svc. Therefore, claim denied. 2003 - 'Dr. stmt provided notes bilateral hearing loss that can be aggravated by noise. he further stated since you work in high noise environment, strongly recommened you receive protection of some kind. This stmt does not tell us where & how long you've worked at job. But shows you've had noise exposure other than military. Since there is no competent medical evidence to relate your tinnitus/hearing loss, sc denied. 2008 - We have granted sc for tinnitus as evidence of record shows this condition related to mil svc. Goes on to say that new medical evidence (dr. exam 5/08) shows noise exposure as predominant component of your tinnitus. VA examiner notes tinnitus is a subjective complaint and although essentially normal thresholds were revealed at separation. a shift in thresholds did occur as compared to enlistment which indicates history of military noise exposure. Therefore, at least as likely as not, caused by a result of military service. Keep in mind that I was not as knowledgeable in filing a claim until this year. That is when I went through my smr and found the reference of hearing loss and also obtained a report from my work showing that we are not considered at risk for noise per OCEA (?). Should I have made sure that I received a follow up exam for my hearing before my discharge, yes. I particularly would have if I had know what the dr. indicated. But that is also why I immediately filed a claim with VA in 1991, which they just simply referred to my smr's and didn't do any exams. Now what do you think?

I just received a response to my claim on tinnitus and hearing loss. They approved tinnitus but denied hearing loss. I'm curious if anyone agrees with me on a potential claim for backpay specific to tinnitus. In 1991 the dr. stated in my smr for my medical discharge 'this service member demonstrates hearing loss and needs further evaluation'; however, I was discharged without further evaluation. Previous claims following discharge continued to be denied for both hearing loss & tinnitus. Although one civillian Dr. in 1998 suggested my condition was likely due to my service as provided for evidence to VA. VA approval letter I received on most recent claim states that during the course of previous claims, there was no evidence to make tinnitus sc and therefore was denied. New evidence by civillian Dr. stmt/exam (2008) & further verified by VA examiner shows sc. It further states that SMR show I complained of hearing high pitch sounds in my service records, but 'While this could be a complaint of tinnitus, the examiner did not diagnose tinnitus'....meaning the DR. at discharge did not diagnose it. It further states the VA examiner shows that my hearing tests at discharge were essentially normal but a shift in thresholds had occurred compared to enlistment which indicates history of military noise exposure. My thought is there is a claim here for back pay to 1991. Why? Although they referenced in 91 that I needed further evaluation, it did not occur prior to my discharge nor did the VA upon my claim in 91 as they followed my smr. I say both the military and VA made an error here. Do you think I have a valid case?

Update on my case - They approved my tinnitus but denied the claim for hearing loss. They also did not refer back to 1991 where the dr. stated I had a hearing loss. As for the tinnitus, the VA letter states that during the course of previous claims, there was no evidence to make it sc and therefore was denied. New evidence stems from a civillian dr. stmt/exam and was verified by the examiner. It further states that records show I complained of hearing high pitch sounds in my service records, as well as 'While this could be a complaint of tinnitus, the examiner did not diagnose tinnitus'. The examiner notes that my hearing tests at discharge were essentially normal but a shift in thresholds had occurred compared to enlistment which indicates history of military noise exposure. My thought is there is a claim here for back pay to 1991. As indicated in my previous notes, the dr. placed a note in my smr's at discharge that I showed hearing loss and required further evaluation but that did not occur. Do you think I have a valid case?

Update - Received call today that 10% tinnitus was approved with hl denied. Backpay approved for time period since claim filed this year. How does it work with VA if I filed previous claims for it and was denied; however, I didn't appeal and on one occassion, did not furnish any additional information because I didn't have it at the time. If they recognize it is sc at this point, why wouldn't they have to go back to the date of previous claim or perhaps even my discharge date?

Thanks Carlie. As long as they don't change their mind on approving tinnitus, atleast that would result in 10%. Wouldn't you think they'd have to go back to 91?

I was a diesel mechanic, which on a daily basis exposed me to motors with high pitch noice equivalent to those in jets. That was included in my write up along with my specific MOS. Even the civilian dr that completed my audio/speech testing earlier this year made reference to the fact my hearing loss/tinnitus was likely a result from my military service as I served 9+ years as a mechanic exposed to high pitch noises.

I've not received my letters yet, just going by what the rep saw in the file at that time. Yes, my audio & speech tests were done with VA mid-Sept but not sure of what the test results showed. Keep in mind that when they deferred a decision on this back in August (part of a number of claims but only one that was not decided at the time), the VA stated that the tests I provided from outside dr shows bilateral mild sensorineural hearing loss with speech recognition scores which meets VA criteria regarding impaired hearing....deferred on sc pending results of a VA exam to establish link'. Not sure of the scores either way as to whether it would result in a % or 0%. In reference to all the many follow up calls I've made as to the status, they at one point made reference that it was being looked at by legal.

Sorry, I meant KookieBean!!

Berta - You and others may recall my previous note regarding my hearling loss and tinnitus claim. It included documentation that referrenced 'soldier demonstrates hearing loss and requires further evaluation' yet that never occurred and a number of claims have since been denied. Follow up with my rep several weeks ago resulted in him tracking my paperwork down, found it was with the approvers to be completed, and at that point showed tinnitus was approved but hearing loss denied. I continue to follow up with the 800# almost daily. It goes from approval of one date to quoting a new date to another new date and so on. This leads me to frustration, curiosity, anger, and concern they've changed their mind on the tinnitus. If so, and if they haven't changed the hearing loss, I'll appeal. However, another note I read regarding 70% retro with a response from Carlie made me curious that maybe they recognize their mistake already without me having to file a CUE claim and the length of time waiting is a result of multiple approvals it may be going through. How many does it require??

I'm still awaiting final reply on my claim; however, my rep advised me last week that the file is in the last authorization phase and thus far, approved for tinnitus but denied for hearing loss. He said it could still change but if it does remain, I'm anxious to see how they could deny hearing loss as they now recognize the tinnitus is from my service and hearing loss is a result of the tinnitus. I'm also real anxious to see how far back they go with backpay. I requested it as far back as 91, with subsequent claims several times through the years and was denied. I wasn't smart enough to follow through with an appeal. Do you think they'll go back or just go back to the date of this claim? Anybody with experience on this?