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Service Connected Disability

  1. Greetings all, I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent. In 2001, I was shot in the leg, which destroy the femur. This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC. The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws. I lost not only length in the leg (2cm) but my hamstring atrophied. Since then, I've encountered continued pain in my knee and hip. All was documented in my military medical records. Often times, the pain would have me seek medical attention about 2 times per year, which again is documented. I underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain. The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years. The pain continues. My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken. The VA Rating Decision gave me 0%. Unknown to me was the appeal process. Last year, I found someone who is helping me with the appeal. I live in a remote part of southern Germany, so connection to other retirees and vets is nil. This week, through my appeal representative, the VA has contacted me. They want all the background information on the shooting. They require the who, what, when, where, why, and how of this incident. I am also to supply them with records I have that they don't. First, they have a copy of my entire medical record. How am I to know what they don't have? Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required? Had I been shot while in Afghanistan would they be asking the same questions? Perhaps I simply do not know exactly how the VA adjudicates the claims. As this is not a presumptive matter, evidence of the injury must be presented. They have that in the form of my military medical records. Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability? Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware? Thank you in advance for any insight into this.
  2. I have been out of the service for a decade. I claimed tinnitus upon discharge and was denied because I didn't have hearing loss. I gave up on that claim but now the tinnitus is bothering me. I have never gotten any treatment for tinnitus. What is the path to service connection? Note: my MOS is "on the list" for noise exposure.
  3. 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.
  4. Pro Se All The Way What one man can do another man can do (veterans). Like other vets who received prior poor, hostile or indifferent VSO assistance I learned beginning in 1985 to represent myself pro se in all claims and appeals to the VARO, BVA and even CAVC court. You do not need to put up with sorry VSO representation if like me you are willing to do your own research and learning on the convoluted VA disability system. For me it was challenging, learning and even a fun but time consuming experience over 35 years. Here is my 95% successful score card and you can do it to if you are motivated like me. 50% PTSD 1985 pro se with no help from DAV VSO 70% PTSD TDIU 1998 very limited assist from former DAV VSO P&T TDIU 2000 on my own pro se CAVC court win 2005 pro se own my own partial victory CUE 30% Heart Disea 2017 on my own pro se Agent Orange IHD/CAD 50% Sleep Apnea 2021 pro se BVA Appeal back dated 2017 SMC-S automatic 2021 pro se back dated to 2017 60% GERD 2022 pro se VARO initial claim approval 10% Tinnitus 2022 pro se VARO initial claim approval 100% P&T 2022 automatic from VARO My OSA Sleep Apnea appeal was helped by Dr. David Anaise medical nexus opinion stating my OSA was caused and aggravated by VA diagnosed long term PTSD and PTSD meds. I filed the claim and appeal forms and provided other medical evidence pro se. Only one claim flat out denied in over 35 years with no appeal by me for Hypertension. There is no chicken chit VSO or official VA representative that would have ever done all this for me. Only you really care about your disability claim and no one else. The VVA and Hadit and Lexus Nexus manuals plus BVA and CAVC, Fed Appeals Circuit court decisions are your friends and of tremendous help to me. Beware of misleading info from other vet websites. So cheer up and chin up. My comment is not legal advice as I am not a lawyer, paralegal or VSO.
  5. AS of few days ago I received a 60% rating and 10% rating for GERD (60%), TINNITUS (10%) from a VARO initial claim filing. This is on top of recent OSA Sleep Apnea appeal grant from BVA of 50% due to PTSD and automatic SMC-S rating with 5 years back pay. My GERD 60% rating was secondary to long term PTSD and PTSD medications since 1985 and gerd diagnosis with continuous VA medications since 2000. Although I suffer from serious GERD the 60% rating did surprise me pleasantly. My TINNITUS 10% was direct service connected due 1970 Vietnam combat involving Army medevac helicopter flaming shoot down crash near LZ Uplift resulting in a Purple Heart and Combat Medical Badge for a leg wound and head concussion. Additionally I was almost blown up by a "friendly fire" large nearby explosion from ARVN artillery and near constant exposure without ear protection to 3 GUN ARVN Artillery battery fire within a few feet of a medevac crew quarters at LZ English. According to normal math and not VA math my combined total disabilities are now 220%. My two separate QTC C&P examiners did right by me in these claims. Of the 7 or 8 major claims I have filed pro se since 1985 this is first initial large disability rating I received from VARO rater without having to appeal or file for increase. I am now P&T 100% scheduler and not depending on unprotected P&T TDIU rating anymore. This good news to me will disappoint some watchers from another forum location (not this forum) as they always say an overweight vet who may or may not smoke/drink cannot win an OSA Sleep Apnea claim due to PTSD and by implication not entitled to a service connected OSA rating secondary to PTSD. They also said I did not qualify fro 60% GERD unless I was skin and bones (emaciated) due to Gerd symptoms. Too bad for them. Never give up and file and then appeal if necessary and listen to advice from experienced hands on this form but also do your own research and not rely on only one source for important info. My comment is not legal advice as I am not a lawyer, paralegal or VSO so do not contact me folks for more info.
  6. I have submitted at least two Service Connected Disability claims to the Veterans Administration (VA) for hearing loss, beginning with my initial request in December 4, 2009. Each test was conducted by a company called QTC. Each test was conducted by an evaluator that ran each test at least three times. My last QTC evaluator swapped headsets three times, then told me she would be increasing the volume of the audio "so I could hear better". She also stated that she had to report higher scores. Both QTC exams were "normal", rendering 0% compensation. My hearing tests at three outside ENT facilities stated "Moderate to Severe hearing loss". How many times is an evaluator required to run one complete audiology test?
  7. Afternoon all. I have been doing some research into Tinnitus and claiming secondary for Insomnia and Hypertension. I have a 10% for Tinnitus and 0% for hearing loss (submarine sonar tech), but honestly the lack of sleep is beating me down. I have not gotten a full night in several years. I usually get 5-6 hrs a night, with multiple interruptions due to what I feel is my ears ringing. I did a search on the forum here for tinnitus and Insomnia but the last post was from 2012, hence the new thread. I was able to find 3 cases where the VA ruled in favor of the member for secondary insomnia and secondary hypertension, Case numbers: 1207104, 1522463, and 1600946. The last case was for insomnia only. I also have a study that is an Examination of the relationship between Insomnia and Tinnitus, DOI: 10.1177/1179557318781078 My question is how do I get this all linked together? I plan on going to my primary care and taking this evidence to him (He's a retired commander) and see what his thoughts are, but I was also referred to you guys as the knowledgeable peeps. Thanks Matt
  8. Just finished my C and P for Tinnitus and Hearing loss. And why I most likely will be denied. My appointment was made through LHI. This was June 24, 2021 and the appointment was for September 10, 2021. I called LHI and asked why it would take 11 weeks for an appointment, no answer. My appointment was for 1PM. I arrived at 12:45 to find the location at a small store front in an older strip mall, my first thought was, Dingy and Dirty. No one was at the reception desk so I called out to someone in the back. Turns out it was the Doctor who answered she was with a patient and came to the front and informed me they were out to lunch and to sit down until the receptionist returns. Needless to say she seem a bit miffed that I bothered her. The receptionist arrived and took my info and asked that I take a seat until the Doctor finished with the other patient. I waited until 1:15 when the doctor called me in. Her 1st question was “how are you doing” and my reply was “I’ve been better” she seemed to want to push the issue and I pushed back saying I didn’t know want she wanted me to say. At this point I started to feel this was not going to go well for me. She began interviewing me first about my hearing. It was pretty basic like, are both ears affected, is one side better that the other. When did I notice my hearing lost and what may have caused it. I told her about being in the Artillery in Viet-Nam for a years. I was honest to tell her that age may also be a factor. Then she started asking about my Tinnitus, normal questions like, when did it start, what it sound like to me. I explained besides being in the Artillery there was one incident of a large road land mine that blew up right in front me. I was driving a deuce and half with some replacements from Pleiku to Kon Tum. The deuce and half in front of me hit the mine and it blew off the double dual tires of the deuce and half as well bending the bed as if it was a toy. It was the loudest thing I ever heard. She took notes about it but seemed to want to know about my life after Viet-Nam. At this point she seemed confrontational about my answers. I told her I worked in the accounting department of a large trucking company for about 15 years and then computer work. Nothing in noisy areas or running heavy machinery. She didn’t seem to want to listen how Tinnitus impacted my life. She just seemed to want to find some other reason why I might have Tinnitus. She keep asking about if I go hunting or to a shooting range. Then if I own a motorcycle or loud lawn equipment. I told I didn’t but she asked a second and third time about the same thing at which point I felt she was badgering me. We started the hearing test and to my surprise my hearing was better than I expected. I don’t know if she played with the equipment but it sure didn’t feel right, but the results are the results. So I doubt I would get any rating for hearing loss. As for the Tinnitus I assume it is what opinion she puts in her report but I have little hope it will be in my favor. Overall I didn’t find her to be a very professional and wish that they had choose another doctor to do the testing. Just wondering if anyone has any comment about LHI as a contractor?
  9. What does this mean? Is it good or bad for vets? https://veteranclaims.net/2020/03/08/single-judge-application-delayed-onset-tinnitus-tinnitus-can-manifest-years-after-an-underlying-cause-va-training-letter-10-028/
  10. I have a rating for a strange ear disease that is 0% and won't go up without an increase in hearing loss. Is temporary hearing loss enough to get an increase? Its called "autophony." where I hear my own voice very loud and can hardly hear anything outside of my own head. Is this temporary hearing impairment enough to get an increase in rating from 0% or does the hearing test have to show the hearing loss? They rated this disease analogous to perforated ear drum. Does getting rated with a disease open up any type of special treatments you can get for the disease? Such as going to a specialist out side of the VA since only a few specialist in the world try to operate on this type of disease?
  11. Due to my tinnitus being very bad, I was awarded a 70% rating from the VA for anxiety and depression secondary to my tinnitus due to it keeping me from sleeping. I have started my counseling with VA social workers and psych doctors from the VA. I ask my VA primary care doctor does the VA offer any treatment for tinnitus and the answer was, "There is no treatment the VA offers for tinnitus, just wear ear plugs and stay away from loud noises". My question is why would a PA want to test me for sleep apnea to see if that is causing my sleep problems but I can't get treatment for what I know keeps me up at night. I'm just curious if the VA doc is trying create a scenario that if I do have sleep apnea, then that is what is causing my anxiety and depression not my service connected tinnitus. I know sleep apnea is serious and I'm going to get the test but can the VA reduce or take my compensation if the PA opinions that she thinks my depression is due to sleep apnea? Can she override two PHD Psychiatric doctors opinions? One IMO and the other a VA psychiatrist? Thanks for your responses in advance. Elders please chime in.
  12. I was just diagnosed with Meniere's after years of having periodic dizziness and vertigo that has gotten progressively worse and more frequent. I am already service connected for bilateral hearing loss and tinnitus. (Ironically I had never even heard of Meniere's until about a year ago when I was doing the exams to get the service connection for the tinnitus and when I mentioned the dizziness to the audiologist she said I should have more testing to see if it was Meniere's). My question is when I file the claim, should I file it as primary, secondary to the hearing loss and tinnitus, or both?
  13. I was discharged Nov1995 and Finally got my BVA decided in the Fall of 2008. My VSO was The American Legion and at the end they sent me a letter stating that they had help me as much as possible. I had surgery on my right knee in Aug 2012 and decided that would be a good time to file for an increase. After going through the Georgia Dept of Veterans Services and filing my claim, I began researching here and in other fourms. What I found amazes me. Yes,The American Legion did a good job but at the same time, they really blew it. In making their decission, The BVA relied on information from an inadequate C&P Exam. Plus, they (The BVA) changes the wording of the C&P examiner from within to without: “In summation there is some progression in the Vets L/S strain and degenerative arthritis there, but within any neurological disability.” To: “In summation there is some progression in the Vets L/S strain and degenerative arthritis there, but without any neurological disability.” This completely changed the meaning of the examiners statement. The word “within” used in this particular situation meant to include or encompass all of the neurological disability, in this case bilateral spinal stenosis to the L/S strain and degenerative arthritis. The BVA decission also stated in conjuction with my Left Knee Claim: "appeal dismissed in part, and vacated and remanded in part sub nom. Sanchez-Benitez v. Principi, 259 F.3d 1356 (Fed. Cir. 2001)." Last week, I had surgery on my Left Knee. I do not have as of yet, a post-op report from the doctor. According to my wife, the doctor stated that most of the damage in my left knee was the result of an old injury. The only injury that I have had to my left knee was while I was stationed in the Marine Corps. My C&P Exam of 1996 did not include Deluca, My C-File was not view, The Examiner stated to me that he had looked at my x-rays and could not find anything wrong. At the end of the exam, he sent me for x-rays as he stated he didn't have any. All of my complaints of pain or my statements concerning military treatments were ignored. The doctor basicly stated I was a quack. I have also found the medical reports sent in 3 1/2 months after my discharge and a year later with a diagnosis of dengenerative Arthritis of the Spine were ingored. I believe there was a CUE committed as well with my first Audio C&P as I mentioned I had Tinnitus along with my hearing loss. I was service connected for the Hearing Loss but as I didn't know the Tinnitus was seperate, I wasn't service connected for that until 2010. According to what I can find, that would fall under Failure to Fully & Sympathetically Develop Claim. This is just the tip of the ice burge. OK, After reading all of that, can anyone give me some good advice. I'm not sure how to handle the BVA and both their usal of a C&P exam that was I believed, previously considered inadequate or their deliberate changing of the examiners wording to deny an increase. What did the BVA mean when they stated: "appeal dismissed in part, and vacated and remanded in part sub nom. Sanchez-Benitez v. Principi, 259 F.3d 1356 (Fed. Cir. 2001)." And what does that mean for me still trying to service connect my left knee with my current claim? Is my statement concerning the Tinnitus being a CUE, correct? Thanks Bill
  14. I submitted my supplemental claim 3 days ago for the following diagnosis with evidence: - Flat Feet (Primary) - Bilateral Plantar Fasciitis (Secondary) - Bilateral Pronation to mid and rear foot (Secondary) - Intra-articular Hip Pain (Primary) - Femoroacetabular Impingement (Secondary) - Right Adductor Groin Pain (Tertiary) - Athletic Pubalgia (Tertiary) - Osteitis Pubis (Tertiary) - Right Knee Pain - Low Back Pain - Left Tennis Elbow - Bilateral Tinnitus The VA updated va.gov 2 days ago with these pending diagnosis: - Impairment of femur - Flatfoot - Limitation of leg motion (flexion) - Lumbosacral or cervical strain - Limitation of forearm motion (flexion) - Tinnitus Through my own insurance, for all of the injuries listed in the first group of injuries above, I got doctors to diagnose me with them and they added, "More than 51% probable that the injuries occurred during military service" since the same injuries got denied in the past. I used those evidences to file my supplemental claim. I called the VA today to request for them to change what they put back to how I had it. The missing items like "Pronation", I had them annotate where to find the diagnosis on the doctors notes so that they can add it. I think they overlooked it. They also left out my right adductor pain. For the hip injury, it's not just, "Impairment of femur" as they put it. Why did they do this? Are they trying to gyp me? Why didn't they annotate the secondaries and the tertiaries like I annotated it? Instead of "Right Knee Pain" they put "Limitation of leg motion (flexion)". For "Low Back Pain" they put "Lumbosacral of Cervical Strain." For "Left Tennis Elbow" they put "Limitation of forearm motion (flexion)". Are they trying to gyp me or did I make the mistake of calling them asking them to change it back to how I had it?
  15. Hi gang, Prepping up for upcoming OSA claim(on-deck). Would like to hear from anyone who has been approved, and not incurred while active in service. Got mine after 3+ decades after service discharge. Gained weight, DM-II, Diabetic Nephropathy, HTN, Tinnitus, etc.. Hear from you soon. Thanks in advane!
  16. I have been going back and forth, including several reopens and such, with the VA since 2005 regarding a claim associated with Menieres. In 2008, I received a note that It was denied because I did not have an official diagnosis (although the symptoms: Hearing Loss, Tinnitus and Vertigo show continuously all the way back to my time in service. I spoke with my doctor at the VA and they noted that it was listed as a working diagnosis going all the way back to 2007. I requested to reopen the claim and received a notice saying there was no new and material evidence siting that the diagnosis was in fact listed on my records. I missed my deadline to respond by NOD due to a bit of moving and a new job in a new state (moved from Florida to Texas). I received a response that there was no NEW and MATERIAL evidence. I had to wait a bit until I could get another ENT apt where the VA doctor stated specifically that "it is my opinion that it is at least as likely as not that Menieres Syndrome was aggravated by military service" he also stated that the cause cannot be clearly identified - my understanding is that at least as likely as not goes to the vet unless there is some evidence to the contrary. the rep from American Legion stated that "at least as likely as not" shows less than 50% likelihood. I received a notice that it was denied (again due to lack of diagnosis?) last February, and responded with an NOD and this time I specifically highlighted my records both in service and out to show specifically issues where I had to deal with this issue. I specifically stated that I wanted to appeal there decision at the RO and I would be available when they are (I was unaware of the SSOC bit). I was told by my rep that the backlog could take over a year. A few months later, I call the VA and they say that it is closed and final and that an SSOC had been sent. after explaining that I never received one, they said it would be sent and to just wait. a few weeks later (late July of this year) I received a letter saying that an SSOC had been sent to me and to my rep. I call and email the rep and a month later I am still waiting for his response, So of course I call the VA again and they say there is an ssoc it is odd because there is no cover page or letterhead on the scanned document. Sorry about the long spiel, but I am now at a lost, what do I do next?
  17. During the last 2 years or hearing exam, I have discussed "Hyperacusis" with the VA audiologist. I have a 10% service connected tinnitus award. Is there a possible claim for the Hyperacusis? Thanks for your response.
  18. 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.
  19. Berta I hope that you may provide an answer. I am presently rated 10% for tinnitus. I have some dizziness, which causes me to lose my balance. I also have feelings of fullness in my ears. I am now thinking of filing a claim for Meniere's secondary to tinnitus. I noticed that another vet's claim for Meniere's secondary to tinnitus was approved and rated at 30%. The reason for the approval was that the Meniere's was likely as not caused by the veteran's military service or SC tinnitus. I am glad that the vet got his claimed approved. I was under the impression that Meniere's was not secondary to tinnitus, however with this new information I hope to file a new claim for Meniere's. Can you provide input on what to state in my new claim? Thanks in advance for your help. 68mustang
  20. Facts regarding claim: Sleep Apnea secondary to insomnia Date of diagnosis: 7/18/2014 Current disabilities relevant to claim: Tinnitus – Service Connected - 6/5/2017 Insomnia – Servicee Connected - 4/13/2018 Facts regarding claim: Sleep Apnea secondary to insomnia Date of diagnosis: 7/18/2014 Current disabilities relevant to claim: Tinnitus – Service Connected - 6/5/2017 Insomnia – Servicee Connected - 4/13/2018 Status of claim: CUE submitted due to errors in claim by Rater Status of Cue: In process. Mistakes accepted as grounds for CUE Purpose of claim: Establish to VA my service connected disabilities Insomnia and tinnitus are aggravating the symptoms of my non-service connected disability sleep apnea. Sleep Apnea Symptoms: Hypersomnolence & Fatigue Service Connection Justification: Per CFE > Title 38 > Chapter I > Part 3 > Subpart A > Section 3.310: Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. Narrative: My service connected secondary insomnia and my service connected tinnitus are responsible for my sleep deprivation which is aggravating my sleep apnea symptoms: hypersomnolence and fatigue. Incident: On 27 September 2018, I went to my scheduled C&P examination expecting to answer questions about my sleep apnea symptoms (hypersomnolence and fatigue) being aggravated by the sleep deprivation I am experiencing due to my service connected tinnitus and insomnia disorder. When I got to my appointment, the C&P doctor just wanted to see my 2014 sleep study. There were no questions asked. I asked what was the reason for this C&P exam? The doctor stated he just needed dates from my sleep study. Since the VA already has this information, I was very confused as to why I was asked to attend an appointment to gather information that they already possess. I then contacted QTC who notified me of my appointment and according to the claim specialist the one question that the C&P doctor was tasked to answer was "Is the veterans sleep apnea at least likely or not proximately due to or the result of tinnitus" This question the C&P physician was tasked to answer has nothing to do with what my claim is even about. My tinnitus didn’t exist when my sleep apnea was discovered. The CUE for which was created because of a mistake made much like this one on the original claim clearly states: Because of the constant ringing in my ears that never changes in volume or goes away at any time (severe tinnitus), I am suffering chronic secondary insomnia as well as chronic migraine with tension headaches. My service connected secondary insomnia is responsible for my sleep deprivation which is aggravating my sleep apnea symptoms (hypersomnolence and fatigue). Request compensation for the aggravation of my sleep apnea symptoms (hypersomnolence and fatigue) from my service connected tinnitus and insomnia disorder. I submitted a VA Form 21-4138 and said stated: The question you tasked the C&P doctor to respond to does not at all pertain to the purpose of the claim you are evaluating. Since my sleep apnea was diagnosed in 2014, and my tinnitus was service connected 6/5/2017, how would you expect this doctor to provide a credible response to your question? My tinnitus didn’t exist in 2014. I stated: Did you not thoroughly examine the CUE (clear and un-mistakable error) and claim you are responsible re-evaluating? Are you not supposed to do this before sending someone to a C&P examination appointment for apparently nothing? Did you not check the service connection dates of my disabilities: tinnitus and insomnia along with the date of my sleep study? Doing this would have provided you vital information about my claim in that my sleep apnea was present before I was awarded my tinnitus service connection. This is a secondary service connection by aggravation claim. Please read carefully the Claim and then the CUE created because of how badly the original claim was handled. It states the circumstances leading up to my sleep deprivation I am experiencing which is causing the aggravation of my sleep apnea symptoms hypersomnolence and fatigue. I ended it with this question. How could anyone expect to get a fair claim decision if the VA representative handling their claim doesn’t bother to examine all information pertaining to the claim they are evaluating? There it is. I also put in a complaint using IRIS including everything you see on this post. I am expecting to do another CUE. My question after all of this. Is my claim valid?
  21. I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
  22. My husband was just denied SC for hearing loss and tinnitus. I would have expected 0% hearing loss for left ear and 10% tinnitus. I attached the C&P resultsAudiology DBQ.docx - it seems to me like the audiologist contradicts herself in her rationale - or maybe I am just confused? But overall it does seem to say he has tinnitus and its linked to service? Not sure what to think of this. Any insight would be appreciated! Thank you!
  23. I am trying to understand how I will be tested for tinnitus by the VA. I have a pending compensation claim for hearing loss and tinnitus (and a couple other things) that is in stage 5 (preparation for decision). I am now awaiting a C&P exam (I believe). I am already S/C for shoulder and lower back (20% total). How is tinnitus tested by the VA to receive the 10% rating? I served in OEF and have a Combat Action Badge (all on my DD214). I have hearing loss, but what happens if I pass as “normal” for hearing loss. I have occasional ringing in both ears from OEF (artillery/heavy machine guns/IED’s), and it has gotten worse over time. My tinnitus came later after I had separated from the US Army. I am trying to understand how I am tested for tinnitus to received the 10%, even if I get 0% for hearing loss (which I have heard is very difficult to get above 0% for hearing loss). With my claim I submitted my civilian primary care physician’s professional opinion that I could definitely have/probably do have hearing loss and tinnitus from combat. I have read/heard differing opinions, and I am just trying to find a straight answer to how tinnitus is tested for by the VA (since I see that some vets get 0% for hearing loss, but 10% for tinnitus). And what are my chances of getting the 10% for tinnitus even if I get 0% for hearing loss? Great, good, not good, etc? Please help. Thank you.
  24. Hi, Asking any vet in the Richmond, Va area for doctor recommendations. I was diagnosed by my audiologist with hearing loss and tinnitus. I'm in the process of gathering all my paperwork to file a claim. Problem is this doc doesn't want to write up a letter for me. Sorry if it sounds excessive...this would be my first VA claim I have filed. I figured if I submit as much as possible...less likely to get denied? So any help would be appreciated! Tks
  25. Hello, I've had positional vertigo problems in the past ever since a hand grenade exploded close to my position four years ago. One week ago I had an appointment at the V.A. and I noticed that the building was moving, I asked my case manager if she felt the movement of the building and she said no, I was about to exit the building when this happened. I drove home and woke up the next morning feeling like my house was moving but ignored it since I have had episodes of vertigo before. I got to the building where I volunteer at (voc rehab) and felt the same way so I figured that it was positional vertigo kicking in for sure, for one week straight I've felt this way and is not going away. I went to the E.R. at the V.A. and I was prescribed meclizine and it is not working. The doctor told me it might be a viral infection and I do not know what to say or do other than taking the meds because I feel so weak and confused while I'm at home this is so annoying that I cannot take it anymore. The tinnitus in my ears became stronger and sometimes I hear drums beating inside my right ear. I like to have a few beers especially when others buy it to be honest, family members brought a few bottles of wine and beers for the holidays and I haven't had a sip of it due to my dizziness, that's how bad it its. Has anyone had this before?? I would like to put this to an end and if I'm gonna be like this for the rest of my life I'll put it in my claim, like I said I've had this feeling before, but not so many days in a row and with this intensity, any inputs thanks tiredmRONW0331
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