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Vcaa Notice Response - Quick Question?

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bob_abad

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Hi,

Just a follow up on my re-open file case: Tinnitus & OSA(Sleep Apnea) - Secondary to DM-II & Hypertension=>AO.. Originally submitted about 4 months ago.

This past week, I received a letter stating what they have so far which includes all med. records, etc. They have it all, took the OSA(pulmonary/CPAP) lab testing also. Have not heard anything about Tinnitus exam, though. Meantime, I went ahead and sent to VARO the VCAA Notice Response indicating that I have no other information or further evdence. It also stated "Please decide my claim as soon as possible" from the portion I checked off. I believe it will take 60+ days to wrap up the claim?

Is this just a formality communication letter bet. myself & VA which could take many more months to process? Is there a Tinnitus test requirement, or is it automatically 10% additional as read from the forum & other VA advocate internet sites?

Appreciate your feedback in advance!

From Bob,

4th Inf. Div; Central Highland Campaign

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Without returned receipt of this response letter, signed by the veteran- the VA will fail to work on the claim and at some point send the claim to the BVA--

It is more than a formality-

If the VA fails to send this response letter-the claim gets into limbo -for years-as the veteran has failed to respond to what they never got.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Thanks for getting back.

About my Tinnitus:

It's been getting to the point this "hizzing" noice is a little bit getting worse, from morning/office or telecommuting/before bedtime/"cricket" is back again after morning wake up(after taking off my CPAP). I know I have to leave with it, but should I call VARO for a hearing test(decibels or some sort?) or just wait for the outcome of my re-open case file which I believe is in motion?

From Bob,

4th Inf. Div; Central Highland Campaign

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Sending the VCAA notice in will not guarntee you a quick decision. I sent in a VCAA notice in April, 07, and still do not have a decision 7 months later. Part will depend on your Regional Office, some are much quicker and much more generous at rating than others.

I did not have a "seperate" C and P Tinnitus exam, it was conducted at the same time as the hearing loss exam, tho yours may be different. If your audiologist said something in the C and P report to the effect that your tinnitus is "most likely related to military service", then it is likely to be EVENTUALLY approved, even tho you may have to appeal it.

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FORMALITY; An estsblished form that is required or conventional,So va VCCA NOTICE RESPONSE is FORMALITY,because it is a required form'

If you don't return it va may go ahesd and decide your claim with the evidence that already been submitted.

mobie

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Let's put it this way...

If you have no more evidence to send in and you want the VARO to NOT wait the 60 days and to get started NOW on the decision process without further delay, then check the box and waive the 60-day period.

Of course, that would be the situation if we lived in Perfect.

But in Reality, where most of us live, the VA is so backlogged and bogged-down, they most likely won't get to it within 60 days anyway -- probably not even close -- whether you check the box or not...but go ahead and check the box anyway and send it in.

You might get lucky.

-- John D.

Edited by cloudcroft

70% TDIU/P&T

Army - RVN - 1969-70 (10th Cav/4th ID, II Corps RVN)

USCG - Galveston, TX - 1976-78 (USCGC Valiant, WMEC 621)

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