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Found 25 results

  1. Has anyone taken part in one of these virtual hearings. Did they allow you to submit evidence before the hearing since you can't physically hand to the judge like you would in an person hearing?
  2. So I had my appeal hearing with a BVA judge this morning. Aside from all the trouble I had with DAV it seemed to go well. (DAV didn’t contact me until 10 minutes before the hearing. Thought I was going to be going it alone.) i wanted to see if anyone wanted to weigh in on what the judge said. After I presented all the reason it should be granted she said the case was “pretty straight forward” and I “should have a decision soon”. She didn’t ask any specifics about my case, my condition, or how I believe they are connected to service , just if documents I referenced were in my file from previous portions of this claim. it sounds pretty good to me, but I know this stuff is always with a grain of salt.
  3. So the DAV rep I'm assigned to is making nervous that he will not properly represent me. He is telling me I can submit any additional evidence I have before the hearing so the judge will have it the day of, or I can wait. When I look at the BVA website, it says specifically do not submit ahead of time. On top of that I can't get him to actually answer my questions about what arguments to make. He did say that I can't argue anything in the C&P exam. The only argument to make is that my doc is more qualified to diagnose. I'm pretty sure he won't he even look at my file before going to the hearing. Also he said that office doesn't usually handle to hearings at the board. I'm not sure what to do, I don' know if I have time to change representation or anything since my hearing is just under a month from now. Any ideas what I can do at this point?
  4. I appealed my lower back condition (DDD, strain) and am still waiting on a virtual hearing since July 2020. I called and they said they are still on 2019 claims but would not give me any other information. From what I've read on here I'm better off withdrawing my hearing and submitting a supplemental claim with IMOs. I know I would lose the back pay though. Are there any other negatives to withdrawing my hearing? Does anyone have an idea how much longer I'd wait for a hearing? Thanks
  5. Hey folks, just wanted to share some info. I was waiting for a hearing and got some info from DAV. If you want a virtual hearing you must call your representative and ask for it, if va.gov says video conference it won’t be scheduled until the DAV/va offices re-open. I called and my DAV rep contacted the hearing coordinator and within a couple hours I was scheduled for a hearing in May. I sent my NOD in August 2020. I don’t know of this applies to legacy appeals.
  6. Situation- I have been suffering from serious ringing in my ears for roughly the last decade or so along with very sensitive hearing. Among those symptoms, I have a slew of other issues that are currently unimportant to this post but some of my other issues were vertigo and occasional memory loss. After countless trips to the doctors, audiologists and ENT's I was finally diagnosed with tinnitus and hyperacusis. Claims for disability were filed and after a few battles, I was awarded 10% with hyperacusis and tinnitus combined but I was denied for the vertigo and memory loss. After a few more years of testing for balance issues and dizziness, Cat Scans and MRI's I now have a diagnoses of superior canal dehiscence. It is a pretty rare condition that is a royal pain in the butt to diagnose but here I am. Does anyone know how this is rated? I've read some articles that says it rates similar to Meniere's Disease and Tullio's Syndrome and yet read others that say it rates as simple hearing loss. Luckily I am able to show the onset of symptoms started during my last deployment with medical records so I don't believe it should be an issue to service connect it. I'm currently in the process of putting together a fully developed claim to submit. I'll be adding all paperwork from all previous submissions for tinnitus, vertigo, hyperacusis and more to hopefully get it squared away. Lord willing it will be a large check coming from a few years of back payments. Any assistance you could provide would be appreciated.
  7. I am currently 0% for my hearing but it was services connected last year. I recently went to a private ENT and had a hearing test done by them and filed for an increase for my hearing. I'm hoping they will raise it above 0% but obviously I have no idea what they are going to do. My question is does anyone know at what point the VA decides there is enough hearing loss for compensation? My ENT told me I am at about 40% hearing loss according to my test they conducted so I submitted that as evidence for an increase.
  8. I originally filed a claim for bilateral hearing loss for both my left and right ear, but 2 years ago was only awarded Service Connection for my Left Ear, but only at 0%. The VA said that it was at 0% due to my Right Ear being at normal hearing at the time of my hearing test. But I just now filed a claim for an increase in my Left Ear hearing loss. I went for another C&P hearing exam. I told the Hearing Doctor that now my Right Ear was getting bad too and could she test me for hearing loss in my right ear this time. When the test was all over she told me that I did have some Right Ear hearing loss this time, but it was no where near as bad as my Left Ear. So I left there thinking I would be awarded something for my Right Ear now that the Hearing Test showed Right Ear hearing loss. But on Ebenefits it still shows Not Service Connected. How can you have your left ear service connected for hearing loss and not your right ear, if you were exposed to an explosion? It doesn't make any sense. That was the whole reason they service connected my Left Ear to begin with. Now that the hearing exam shows hearing loss in my Right Ear, the VA gives the excuse that my Right Ear hearing loss isn't Service Connected, because whenever they originally tested my Ears 2 years ago for my original claim the hearing exam didn't show any Right Ear hearing loss. But everyone knows that Hearing Loss can occur many years after the fact. My Dad served in Vietnam and was exposed to explosions on a daily basis, but he didn't show any immediate signs of hearing loss for decades. It wasn't until the last few years that we've noticed his hearing getting worse, and so now he filed a VA claim and was awarded for Hearing Loss and that was from back in 1969. So Hearing Loss doesn't have to happen overnight. Just because I didn't have it 2 years ago, but I now do, doesn't mean it isn't being caused from the same explosions from whenever I was in the service and what caused my Left Ear hearing loss. Has anyone else been through anything like this before? Any suggestions as to what I might be able to do to help? Thanks.
  9. I served in USAF, as a Jet Engine Mechanic (AFSC 43250), from 1970-74. My VA medical records contained an entrance hearing test and an exit hearing test. The exit test showed a hearing loss at high frequency ranges. I was given hearing aids (very grateful) and was service connected, 0% for hearing loss and 10% for tinnitus. That was in 2006. Fast forward to 2019 – I was referred to an Non-VA ENT specialist after a routine VA audiologist became concern about a significant drop in my R side conductive hearing test. I had a CT scan which reveals that I have cholesteatoma in both ears (extra skin growth where it doesn’t belong). Surgery is the only recommended fix, sooner rather than later, it only gets worse. I had the R ear surgery last week, good news is he got it all out… but the bad news is the surgeon had to remove 2 and ¾ of my 3 tiny hearing bones. The 2nd half of the surgery will be in 3-4 months, where they will try to restore some of my R ear hearing. Then we will start on the L ear, I pray it is not as bad as the R was. I am still 0% SC for hearing but I want to put in a claim for increase, hoping since I’m already established SC for hearing loss, I’ll only need a diagnosis and hoping I won’t have to jump through hoops to get it SC. Question 1: Someone told me there is a table that raters will use to aid them is accessing a claimants MOS when considering hearing related claims. I did not see 43250 listed, does anyone know what the new code equivalent is ? Question 2: Should I ask for a speedy review (fast track).
  10. I was awarded 10% for Tinnitus but turned down for hearing loss. How can that be?
  11. I filed my NOD four years ago, next month. Still waiting for a decision from the DRO. I am wondering how long other Veterans here, have been waiting for an answer on their RO Appeal.
  12. I am new to all of this so I just have a quick question that maybe someone can explain to me. I went to the VA last year and received a 10% rating for tinnitus and )% rating but that it was service connected for hearing. After my 3rd hearing test I was given a set of hearing aids because they deemed that certain frequencies and speech I could not hear. I did an appeal for the 0% hearing loss cause makes no sense to me that there is enough to rate hearing aids but not within specs for a 10% rating. Does this make sense to anyone?
  13. I have received a 0% compensation for Hearing Loss, among several other disability awards. As It stands, I am at 94% and need another 10% award to become 100% scheduler disabled. Have already received 100% TDIU P&T. QUESTION: How wise is it to give up 100% TDIU P&T for a 100% Scheduler? My lawyer argues that that TDIU P&T is more important than getting that 100% Scheduler (because that 100% scheduler can be challenged at any point for a reduction by the VA). What is the general school of thought on this?
  14. I have finally succeeded to have a BVA hearing in April. It is scheduled for a video hearing in Phoenix. However, if I go to Washington...I can have the hearing in front of the judge...in person...face-face. Do I have a better chance of success with a personal hearing...or, stick with the video hearing? Currently residing out of the country...so, whether I go to Phoenix or Washington doesn't make any difference. Also, it's possible I can go to the US Embassy to use their facilities for a video hearing...saving a trip to the states. Your feedback would be appreciated. Thank you.
  15. A few months ago my service connected hearing loss was increased from; 10% tinnitus 20% Bi-Lat hearing loss 30% total to 10% tinnitus 50% Bi-Lat hearing loss 60% total While I do not meet the single disability percent to apply normally needed to apply for IU, I do see a "Special Consideration" which I believe applies in my case" http://benefits.va.gov/benefits/factsheets/serviceconnected/iu.pdf Below is my letter asking for my increase. I was wondering if anyone could give me some feedback on the content in order to determine of I should even bother to apply for UI ? BTW, I will be 57 years old on December 1st, of that matters? Thanks in advance, Mark *********** 3/17/2016 Department of Veterans Affairs I am respectfully requesting consideration for an increase in my current Service Connected Bilateral Hearing Loss rating based on VA Autonomic re-evaluation dated 2/16/16, performed by XXX Snyder, MS, Audiology which included Maryland CNC word recognition testing, conducted at the VA Audiology Clinic, 760 XXXX Avenue, XXX Ca. 96001 (530) XXX-8830. History: I am currently rated at 20% Service Connected Bilateral Hearing Loss and 10% Service Connected Bilateral Tinnitus, dated 3/8/2011. The details and evaluation of that service connection are documented in my VA file number XXX XX XXXX. Continued and ongoing issues: Based on my ongoing occupational, Retail Store Manager and non-occupational hearing problems, which include but not limited to; Understanding and or comprehending spoken words Understanding and or comprehending telephone, conference call conversation and intercom announcements Understanding and or comprehending MIS helpdesk, police and other government or municipal telephone conversations. Understanding and or comprehending streaming television, computer, radio or other electronically produced broadcasts. Communicating in moderate to noisy environments, including retail store operations. Communicating with a group of individuals, including retail store operations, staff meetings and training. Communicating using retail store, company provided two way radio handsets. My service connected hearing problems, severely limits my ability to applicably react to audible occupational signals from: Building alarm, emergency warning and other electronic security systems Fire and Loss prevention alarm / notification systems Point of Sale alarm / notifications and alert systems Point of Sale scanners; Symbol DS9808, Motorola LS2208, Inventory management scanner; Symbol MC3100 EAS Loss prevention entry/exit scanners Refrigeration / Freezer malfunction notification systems Environmental systems (heating/cooling) notification systems Energy management systems NOVAR notification systems Freight delivery truck, backup warning notification systems My service connected hearing problems have resulted in: My inability to efficiently communicate with friends, acquaintances, family, customers, vendors, subordinate employees, peers and supervisors. Frequent outsourcing or shifting of my normal and personally assigned managerial functions that require high amounts of communication, to my subordinate managers. Personal, occupational and social withdrawal due to reduced access to services and difficulties communicating with others. Experiencing significant emotional problems caused by a drop in my self-esteem and professional confidence. Exacerbation of my VA diagnosed PTSD, that I am currently being treated for at the VA XXX VA Behavioral Health Department. Recent VA recommendations and action by XXX Snyder, MS, Audiology: Since my recent VA Autonomic re-evaluation which included Maryland CNC word recognition testing, dated 2/16/16, I have been issued and subsequently fitted with updated VA issued hearing instruments: PHONAK AUDEO V90-13 RIC to replace my previous hearing instruments: AUDEO SPICE SMART IX UZ RIC. I have also been issued and fitted with a Remote Control, ComPilot II and Remote Microphone in order to specifically assist with my occupational communication problems. Mr. XXX Snyder explained to me that the new hearing instruments will provide a longer usable service life for my substantial and difficult to manage hearing loss. ***************** Below is the actual examine results: 1. Objective Findings --------------------- a. Puretone thresholds in decibels (air conduction): RIGHT EAR +==============================================================+ | A | B | C | D | E | F | G | |========+========+========+========+========+========+========+========+ | 500 | 1000 | 2000 | 3000 | 4000 | 6000 | 8000 | Avg Hz | | Hz* | Hz | Hz | Hz | Hz | Hz | Hz | (B-E)**| |========+========+========+========+========+========+========+========| | 30 | 50 | 75 | 85 | 95 | 105+ | 100+ | 76 | +=======================================================================+ LEFT EAR +==============================================================+ | A | B | C | D | E | F | G | |========+========+========+========+========+========+========+========+ | 500 | 1000 | 2000 | 3000 | 4000 | 6000 | 8000 | Avg Hz | | Hz* | Hz | Hz | Hz | Hz | Hz | Hz | (B-E)**| |========+========+========+========+========+========+========+========| | 35 | 50 | 70 | 80 | 85 | 105+ | 100+ | 71 | +=======================================================================+ * The puretone threshold at 500 Hz is not used in determining the evaluation but is used in determining whether or not a ratable hearing loss exists. ** The average of B, C, D, and E. *** CNT - Could Not Test b. Were there one or more frequency(ies) that could not be tested: No c. Validity of puretone test results: Test results are valid for rating purposes. d. Speech Discrimination Score (Maryland CNC word list): +=======================+ | RIGHT EAR | 56% | Thank you, Mark Nicholson
  16. Does anyone out there know how to read a Audiological Evaluation form? I can't make heads or tails of the numbers.I have been in Tanks for 22 years and I was turned down for hearing loss in 2006 the VA says I was border line for hearing loss, so I was denied but at the same time I was issued hearing aids in 2009, I just completed a Audiological Evaluation in 2016 the same test they give for comp and pen exam, and was told that from 2009 to 2016 an increase in hearing loss, so I was tested and I will be getting new hearing aids. Now my question is I would like to submit a new claim for hearing loss along with this form. The Dr. says my left ear shows a greater loss since 2009. How does one read the numbers and convert to the rating systems in order to see what rating you will be looking at? the form says Bone Conduction (right ear) 1000 (30) 2000 (45) 3000(45) 4000 (40) the left ear says 1000 (60) 2000 (70) 3000 (75) 4000 (60). I was told you have to convert these numbers into roman numerals in order to see what your rating could be. anyone know how to do this? thanks for your help.
  17. After ten plus years, it looks like the fight still goes on! Most of the details are more or less resolved, but there are a couple of outstanding ones that nobody seems to want to deal with. At least the BVA hearing resulted in a five figure retro award. But it looks like another go around will be needed to actually obtain an increase to the present compensation amount. I had hoped to get off the "Hamster Wheel", but it looks like another round will be needed.
  18. I would like to call my brothers and sisters in Christ to please take a few minutes out of your busy day and pray for my wife, who has a hearing very shortly. It will be a day of reckoning, a day of purging, and hopefully a day of resolution.. I would like prayer that the people involved in this case, are given wisdom and understanding, to do what is right and just. This case is not as much about financial gain, as it is the acknowledgement and righting of a terrible wrong that was done almost 2 decades ago. This tragic event, that was completely avoidable, ruined one life, and cast a heavy burden on several other lives. All due to intentional shortcuts to save money and time (sound familiar)? There are many on here who know the power of prayer, and many that I pray will learn the power of prayer, May Gods will be done.!
  19. WHY WOULD A JUSTICE OF THE CVAC ASK A QUESTION LIKE THIS TO VETERAN ATTORNEY<<<<<<<<<<< SO, IS IT YOUR OPINION THAT THE GOVERNMENT HAS A BURDEN OF PROOF TO PROVE THAT A VETERAN IS HEALTHY UPON SERVICE AND SOMEHOW ALSO THE GOVERNMENT HAS THE BURDEN OF PROOF TO SHOW THAT THE SAME VETERAN IS UN-HEALTHY LEAVING SERVICE???? WOW,, THAT JUSTICE DID ASK THAT QUESTION.... AND ANYONE WHO FOLLOWS VETERANS LAW KNOWS THAT YES, THEY DO HAVE THAT BURDEN AND THAT SHOULD HAVE NEVER BEEN ASKED!!!!!!!!!!!!!
  20. 2004 i was released from service. same year i claimed low back and bilateral hip strain. i had a c+p exam and doc said (diagnosed ) i had bilateral hip strain and lumbar strain. 2005 i was denied both the reason given was , no service treatment records could be found at all for my time in service if service treatment records are later found my claims will be re-open. i dint appeal this at the time i just waited for them to find the records. december 2009 the VA found my records and granted me 10% for lumbar strain but, did nothing about my hips. 6 months later i sent a NOD stating that this is a claim that proceeded a denial because of service treatment records and because the records were later found then all my claims should have been re-open. they agreed but said we still are denying you for hips because your service treatment records didnt change our opinion about your hips. nothing in your record states anything about hips.. i got a copy of my c-file and yes there it was,,, service treatment records for my hips in fact in service doctors also stated that i had bilateral hip strain BUT said it existed prior to service. i submitted this paper and they gave me a c+p exam. the doc stated nothing is wrong with my hips and that i had an existing history for a left hip diagnoses. during this time i was being seen at the VAMC and receiving treatment for my hips and lower back and radiculopathy. in fact , just 1 week after this c+p exam a vamc report shows my evaluation for my hips and range of motion to be with pain and a diagnoses of bilaterl hip strain. again i get denied because no doctor said it was do to service. then in 2011 i sent a primary care letter stating that i my bilateral hip pain could very well be related to service because of multiple rigors of life during service such as running and PT. Again this wasnt good enough, they stated i needed new evidence to re-open my claim and the doctor letter wasnt good enough because he didnt do a eval even though he was my primary also his letter didnt cite anything from my service records. i then got another letter from him after he read a few reports during service and he sent a new letter stating that he wishes to ammend the letter he already sent,,, it is now clear that the rigors of active duty are more likely than not created the issues with my current hip problems and stated the ortho reports from my service treatment records. so, i have a lot of records that rebut all the ro problems but they still deny and now i have a BVA hearing in D.C. on the 2nd week of may... can anyone ask me some questions so that i can prepare for this hearing ,,,, questions that they would ask or some problems that you see i might face... 1) Injury in service, 2)injury now. 3) Nexus or IMO. My 1 is (pain in hips and lower back during and after Physical Fitness Training My 2 is (treatment records and diagnosis of bilateral hip pain on movement diagnosis hip strain. My 3 is (service treatment records sating pain on movement diagnoses of hip strain. Also Dr. letter saying that the rigors of Physical Fitness during service such as running marching (multiple non-specific traumas to hips and back) more likely than not due to his service because of treatment records start with service and state pain with PT hips and back profile needed…
  21. I have been "scheduled" for a dro interview, when that will be who knows. I am considering dropped the dro interview for a dro review since i have started to come to the conclusion that a hearing wont bear me that much more fruit than a review. I have heard in the Pro Category that it is nice because they see your face and not just a stack of papers, however i am not sure if this is that much more advantage given the time it takes to actually get a interview. I am looking for opinions on the subject to help me make my decision.
  22. So I went to my local Va and filed a 21-456EZ form for: Tinnitus Insomia memory problems Fibro(gulf war) Cfs(gulf war) Gastrointestinal disorders,hiatal hernia(gulf war) sleep disorders anxiety shingles/rashes and a few other things in my record I was honorably discharged from the USMC in 96 was dealing with this stuff then but, right or wrong I just dealt with it. I mean if I could get up and put my boots on in the morning and go to work thats's what I did. Only now it's taking longer to get going in the morning and so with the urging of my wife and fellow vets I went and filed. They took down my info and sent the form off. Also told my to go get a gulf war registry exam, which I am still waiting on. He didn't ask for med. records, x-rays, DBQ or anything. I told him about my PSTD symtoms and he put down anxiety. I'm just wondering what I'm in for and what to do next. So any advice , info, or help you guys can send my way is much appreciated. Semper Fi, Gadevildog
  23. I served from '68 to '72. I filed for severe hearing loss, tinnitus, and PTSD in 2007. I received 30% on the hearing and tinnitus. They denied the PTSD for lack of proving stressor incident. At that time I had no idea where to get copies of my ships logs as I had assumed they would get them. I did not file a NOD. I continued to be treated for PTSD by the VA for the next few years. As my condition seemed to be worsening, my Dr. asked why I was not receiving compensation so I could retire and alleviate some stress? In June 2012, I found the official logs of the incidents and re-filed. After a C&P exam they awarded 50% PTSD for a combined rating of 60% in September 2012. I filed a NOD immediately and had another C&P in June 2013. In July they raised the percentage to 70% PTSD and a total of 80%.I then filed for IU and also another NOD on the original claim. In Jan 2014 they denied the IU. They also showed I had withdrawn my NOD to the original claim. (I contested this and in August they put the NOD back as active) I also have a rare cancer that was stage 4 when found in 2010 by the VA (not Service connected) Unlike most cancers, this is very slow growing but has no FDA approved treatment here in the US. (When found the VA told me to go home and get my affairs in order as they had no treatment for it) I went to Germany for 3 treatments in 2012 which halted the progression of the cancer. It did not cure it, but bought me some time. When I filed with SS for disability retirement, I filed for PTSD and when asked did I have any other conditions, I told them about the cancer. They looked it up and told me this cancer was on their automatic list and they could grant it immediately. The VA in their IU denial stated that I was IU, however since SS granted disability on the cancer, it was not service connected so they had to deny. I filed a NOD explaining I did not file with them or SS for disability on the cancer, but for PTSD. Along with the NOD I submitted a letter from the chief VA psychologist who was treating me who explained the severity of my PTSD and the added depression from the cancer diagnosis aggravated my PTSD symptoms and according to his treatment notes he advised retiring to alleviate stress for the last year before I actually retired. October 8th, I received a phone call from the DRO. She asked if I would take another C&P exam and then a hearing. I agreed. I had the C&P exam on Monday October 27th and the DRO hearing was scheduled for the following Thursday October 30. The C&P examiner volunteered at the end of my exam "you have taught me something today. I had an earlier exam today claiming depression and I could not see it. Yours is real. I feel it." Her words, I seen no reason the VA to deny you benefits. When I met with the VSO prior to the hearing, he was not even aware the DRO had scheduled another C&P exam. He tried to see if they had received it yet. They had not. We explained what the current exam Doctor had quoted and pointed out on the prior C&P exam June 2013 which raised it to 70% the Dr. had said I had already retired due to the Cancer at the time of the exam. This was incorrect. I did not retire until the month after that exam and retired due to my service connected disability PTSD. He went next door and spoke with the DRO and came back and asked would I settle for an informal hearing. I agreed. The VSO introduced us to the DRO and then went mute. My wife presented the case to the DRO explaining the above info and showing her the letter (which was supposed to have been in my file along with the NOD) to the DRO. She asked who this Dr. was that wrote the letter (It was on official VA letterhead and showed his official capacity with the VA and his credentials) My wife explained who he was. It was obvious she had not reviewed my file prior to the hearing. She said this would depend on what the C&P report said (we did not tell her what the C&P exam doctor had quoted to us) She also stated it was good this hearing was informal as she could move forward with her decision and notification should be forthcoming sooner since she would not have to wait for a transcription of the hearing. Does any of this mean anything?
  24. Hi,,first post,,thank you all for such a informative website! Hope i am posting in correct area,, have a 10% rating for wrist from 2002,,, I filed on eben new claim for hearing loss/tinnitus on Sept 2013,,,Well i started my claim Sept 2013 and came back to the claim June 4 2014, which is when i finished it on Eben., I was awarded SC 0% hearing loss and 10% tinittus affective date of 4 jun 2014,,,i started it on Sept 2013 to save my date,,, is my affective date correct,, thanks
  25. I am in the process of completing my VA Form 9 to do a BVA Appeal of a claim. My questions for the group are: 1. Would it be worthwhile to do my BVA Hearing at the Philly VARO which is about an hour away from me? Or would it be better just to go have my hearing in Washington DC which is 3 hours away from me? I know there is no compensation to travel to the hearing location. I am not in a big hurry -- it probably wont affect my overall comp rating of 90%. But having to only drive 2 hours roundtrip is certainly better than 6+ going into DC! 2. Do you think it will be OK to get Am. Leg. involved after I send in my Form 9. I need to get the Form 9 sent now since it has already been 30 days. I plan to send in, and then go to Am.Leg. to ask for assitance with the hearing. They are at the Philly VARO so its hard to go to them frequently to review paperwork, etc. I think my Form 9 is pretty clear to justify the request for BVA hearing. 3. I need to send the Form 9 in now to continue my claim, but I noticed at the bottom of the instructions that I might also be able to request a hearing at the Philly VARO in addition to filing the Form 9 to request a BVA hearing. I'm thinking the VARO hearing might be able to be processed faster than than the "out of DC" BVA hearing and it just might get me what I need. Is it possible to "double dip?" Any suggestions on that? Thanks for any suggestions --- and especially for the many benefits this forum provides! Cheers, Raybob
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