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I'll try to be brief. Va claim filed April 2019 for sleep disturbances, jaw condition, scar in mouth, painful scar. In June my scar was rated 0% and pain 10%. Jaw condition was deferred and sleep disturbances ignored. In July I filed somatic symptom disorder and mood condition secondary to all my denied disabilities and current ones. I received a letter saying I did this incorrect and ebenefits updated accordingly deleting the claims. Then in August I filed somatic symptom disorder and mood condition secondary to jaw condition and scar pain. I also filed hearing loss primary. Ebenefits updated accurately showing what i claimed. In October I get a call from the regional office wanting to clarify what I was trying to claim. They then attached my somatic symptom disorder and mood condition to my sleep disturbances claim. The person told me I would retain my original effective date of the April claim. I attended c and p for jaw condition and hearing loss. I submitted a dbq from a board certified psychologist. The October called said I had plenty of information to get it rated. I looked at ebenefits December 14th and have now been rated 20% combined due to my scar pain and TMJ. Claim CLOSED. I called VA 1800 number and they tell me the somatic symptom disorder and mood condition, as well as hearing loss are attached as secondary to tinnitus which is pending appeal (and nothing else). What I did from there this week was submit a 21-4138 explaining I claimed those secondary to tmj and scar pain, not tinnitus. Also hearing loss as primary. I then called the VA and they took a statement to send to the regional office. Has anyone had experience with this and should I be worried? Will I still retain my effective date with my original claim?
I submitted a claim for Sinusitis, OSA,, and Tinnitus. My claim was denied for all 3. The tinnitus they claim was neither occurred in nor was caused by service. My job on active duty exposed me to gun fire, explosions, tanks, and tracked vehicles. I submitted the Duty Noise Exposure Spreadsheet that displayed my AFSC was rated as highly likely to be exposed to loud noise. In the first Exam they claimed I said my hearing loss was from jets flying overhead. Never said that, so they scheduled a second exam. This one they acknowledged the correct job but I was still denied. The evidence listed on the second decision dd not include the MOS Noise exposure chart I included on the first claim. I never went to sick call for ringing ears because that is just silly (had I known then) and was not something you did. I have had quiet office jobs since separating from The Air Force. What am I missing? For the OSA claim, I submitted Lay statements from my current wife and my ex-wife as well as explained to the doctor my symptoms and that when I was on Active Duty i had no idea sleep apnea was a thing. I assumed I just snored and was tired because I was working hard. I had a sleep study this past year and was deemed to have severe OSA. In my claim I listed that I believed my osa was related to my cluster headache disability. They responded Cluster headaches do not cause OSA even if there are many people with cluster headaches and also OSA. I experienced a stuffy nose during my headaches on the left side. This was completely different from the closing of my airway when I would sleep. It was just worst if both occurred at the same time. They claimed I have other risk factors such as being male, obesity, and advancing age. Something I did not include in my claim was the fact that I was on the Fat Boy program at one point on Active Duty and my SMR made a reference to obesity. Would this help support my claim. Also in the second decision they said I was a 73 year old male and I am no where near 73 so they probably mixed my records with someone else. What can I do about this? And Sinusitis, I have a couple diagnosis in my SMR's specifically listing sinusitis. I have had sinus issues since I was on Active Duty. I use a Netti Pot and have been diagnosed post active duty with sinusitis. The DBQ from the QTC Medical Doc claims I have rebound sinusitis because I mentioned using Afrin. I have always been aware of the danger of over use and in my VA records I discussed this concern whenever the VA would prescribe a nasal spray. What am I missing and how can I get this corrected. The errors on the 2 decisions make it seem as if they are not very organized and I have to suffer from their disorganization. Are they supposed to review all of the evidence from the initial claim when you submit a supplemental, or should I have resubmitted all the documents from the initial claim. Are the documents that contain research that supports your claim supposed to be on the evidence list as well? They were not on there and if they did not give those documents equal consideration what is my recourse. Any assistance would be appreciated Thanks for listening.
Improper handling of 1999 VA Compensation Claim I will do my best to present this in a short and respectful manner. I will do my best to truthfully represent all facts and evidence as it was presented in 1999 VA Claim. It is therefore I am seeking help in identifying any missing documents, missing evidence, non compliance of VA Regulations, etc... I will post the photo copies of the record on my C-file which I received in 2015. I will present the Claim as it was filed through the local VSO in Farmerville, Louisiana County/Parish: Union Subject: VA Compensation Claim for Albert Dodd Dated: 15 June, 1999 Copy of Claim Submission: ** ( All files are in PDF format and saved to my Google Drive ) ** ( View Only ) ** https://drive.google.com/open?id=1d9HHYJHe3fgLuItJ6INugPqWLAZDg1am VA Claim submitted on: 15 June 1999 VA Claim Received on: 18 June 1999 ( Dept of Veterans Affairs New Orleans, LA ) ATTACHMENTS: VA Form 21-526 Pg. 7 https://drive.google.com/open?id=1bHb95IPMv6DGTVftK2qLeoYo-rv1miAv VA Form 21-526 Pg. 8 https://drive.google.com/open?id=1cWw-3sJygTIhnCgrRZFl4B7XSXC0nnE- VA Form 21-526 Pg. 9 https://drive.google.com/open?id=1P8tgJ0rcUz8MJoInHEMLuv06raHckdZK VA Form 21-526 Pg. 10 https://drive.google.com/open?id=15P1YoMfREici-kHFHgbz1TttyuzCMLim Authorization and Consent Included: VA Form 21-4142 Pg. 1 https://drive.google.com/open?id=1YXTaDasjAdrfXN8abclQX9a_8v7kM5G4 VA Form 21-4142 Pg.2 https://drive.google.com/open?id=1Ux9UvrEplp2tTkKc6xrZsMCkUSi2e0z4 ** ( Notes of Interest ) ** Supporting Evidence Attachments: 1) Certified copy of DD 214 2) Copy of Discharge Account Summary ( Severance Pay ) ** ( My Certified True Copy from SMR ) ** 3) Copy of Findings of the Physical Evaluation Board ** ( My Certified True Copy from SMR ) ** 4) Copy of SMR's to support S/C Claim ** Physical Evaluation Board Decision ** Pg. 1 https://drive.google.com/file/d/1Ius0W2ZDp-Ls1_fiQxoqfxRWBSor_viU/view Pg. 2 https://drive.google.com/file/d/1fYqy9fh6kjD0-cXAfK_T6KGoyszVeJNP/view Pg. 3 https://drive.google.com/file/d/1DsAwqqLecFc6C_HsZghIaZ7D33E37Qf6/view Pg. 4 https://drive.google.com/file/d/1UJOIGk1DJuNKNR-RRgfXIswVjWLex_jF/view Pg. 5 https://drive.google.com/file/d/1h6GgoGlDbJ9sEOT7V1CXorWXEKB5rxG4/view All Evidence and Supporting documents where sent in along with the Authorization and Consent ( VA Form 21-4142 ) for Release of Medical Records on June 15, 1999 **** Dept of Veterans Affairs New Orleans, LA **** Intake of Evidence for VA Claim for Compensation for Albert Dodd Dated: 18 June 1999 **** Timeline for Review of Evidence and Decision **** June 18, 1999 VA Claim Received June 25, 1999 VA Claim Reviewed https://drive.google.com/open?id=1LaYkJdHDmZ9ofzA8CJD7ZTCNwOqzVX9N July 08, 1999 Rating Decision ( R.M. LaCOMBRE, Rating Specialist ) Rating Decision Pg. 1 https://drive.google.com/file/d/16cS_DJ6QCut61LVj-jbzolQghHh4StDF/view Rating Decision Pg. 2 https://drive.google.com/file/d/1MfG-kcASP_2lruDY22eSMGCgKbI6x-_b/view Rating Decision Pg. 3 https://drive.google.com/file/d/1pUJXAHT_Zguk0WR2R4xTEi8c0EAXLgHs/view July 10, 1999 Compensation and Pension Award **( VA Form 21-8947 ) ** Signed into record https://drive.google.com/file/d/1JP-MXHlCsjsGlL9M9qP09XSK_OJJC14P/view July 12, 1999 Notice of Decision mailed out **( Cover Sheet ) ** https://drive.google.com/file/d/1OG7fNoJWMzF79NQ1AI04Z-wz5QrspY7g/view **** Questions for CUE **** 1) Duty to assist **( Did not attempt to help get copies of Hospital stay )** 2) Duty to assist **( Failure to assist by not scheduling a medical exam for current medical condition(s) )** 3) No Development Letter **( Failure to Notify Veteran of any further evidence needed to substantiate Claim )** I Albert Dodd do swear that all information is correct and included. If you or someone you know has information that would help me in getting the VA to correct this wrongful Decision please post your comments.