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Showing results for tags 'eed for correct filing date'.
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I Was Looking through my C-FILE ..OVER 5.000.00 PAGES not to bad now that its on CD. Anyway I first filed for hearing loss April 1998, was denied right off the bat, Appeal that first denial and summited more evidence using a Private IMO...that claim was denied, MOVEING ON TO 1999 SILL UNDER APPEAL TIME LINE. OK IN 1999 they SHOW THAT I Reopen this claim and was given service connection but 0% rating.. I filed for increase in 2000 and was given 50% rating on the private IMO, but here is the kicker the IMO I summitted was the earlier one from the second denial the reason for the denial was they said this Dr did not go by the VA Guidelines and could not be used for rating purposes, now in 2000 with the 50% increase claim they used this same test to make there decision for the 50%. Which I should have got back in 1999 or 1998 but since the private Dr IMO did not use the VA Guidlines I was denied but later on I think they caught this error and gave me the 50%...in 2000 the error was they used private test to give me the 50% that was not supposed to be used for rating puroposes. I had a DRO HEARING IN 2003 and was awarded a 90% combined rating for tinnitus and severe profound hearing loss which the DRO did GO BACK TO 2002 FOR THE EED,from a specialist I used this time that did use the VA Guidelines and used the Maryland CNC word test..everything on this test was legit and according to CFR/38 Rules. BUT THE 50% IS IN QUESTION HERE. WHAT HAPPENS IF THEY USED A HEARING TEST THAT WAS NOT SUPPOSED TO BE USED FOR RATING PURPOSES and they used this same test to approve me for the 50% in 2000. something seems awfully fishy here. I know not to look a gift horse in the mouth but if They used this test and gave me the 50% then why not go back to when I first filed in 1998.??? anybody have a clue?
