tinnitus Look At Part Of Evidence At A Time!

[danang_1969]

Recently I appealed 7 secondary conditions plus tinnitus and a hearing loss. In the first SSOC on the hearing loss denial statements, the VA acknowledged 2 buddy letters as evidence. Those buddy letters stating I was subjected for 2 years to extreme noise without hearing protection. Their ruling was, I had a hearing loss, but was not a result of acoustical Trauma. After reviewing the evidence we feel there is no connection between your hearing loss and military service, service connection for hearing loss denied.

When they answered the NOD, they showed the Independent hearing test as evidence which said my hearing loss was more severe than the VA stated, plus it was definitely from acoustical trauma. They answered this time, with the veteran failed to show a connection between his hearing loss and military service. That's it!! If they had elaborated fully as in the first one, they would had to say after reviewing 2 buddy letters and an IMO form a certified audiologist we see no connection between the veterans hearing loss and military service. They did not show the buddy letters in the 2nd one as evidence. I guess their thinking is, if they only look at part of my evidence at a time, they can keep from looking so prejudice against the veteran. You can't beat this kinda crap with a stick.

[Berta]

That is outrageous- did they give some so-called medical rationale to rule out acoustical trauma from service? or some other etiology?

sounds like this rater didnt know a M 16 from a Hershey bar-

I would ask them to reconsider this- this is where good vet reps should step in and fight statements like this with a supporting 4138 listing the evidence, highlighting the favorable medical statements, and then asking for a more reasonable decision.

Did the buddy fully describe what acoustical trauma you had?

under acoustical trauma at the BVA- buddy statements often elaborate on just what type of situation caused the trauma.

Gun turrets, jet engines, firefights, mortars ,etc

even training exercizes could produce high levels of acousital problems.

[danang_1969]

That is outrageous- did they give some so-called medical rationale to rule out acoustical trauma from service? or some other etiology?

sounds like this rater didnt know a M 16 from a Hershey bar-

I would ask them to reconsider this- this is where good vet reps should step in and fight statements like this with a supporting 4138 listing the evidence, highlighting the favorable medical statements, and then asking for a more reasonable decision.

Did the buddy fully describe what acoustical trauma you had?

under acoustical trauma at the BVA- buddy statements often elaborate on just what type of situation caused the trauma.

Gun turrets, jet engines, firefights, mortars ,etc

even training exercizes could produce high levels of acousital problems.

Bertha, one of my buddy letters is from one my old buddies from California who worked side by side with me. He gave them a complex descriptive picture of the noise we endured with no hearing protection told them he is 90% SC'd on hearing from that time frame and stated so in the letter. He also gave them his phone number if any further explaination was needed. They did not list the buddy letters or the other as evidence in this last SSOC, so I'm thinking the buddy letters were not used at all.....this time or the VA would have been listed as evidence in the last SSOC. I think I have provoked the (I got-ya ) because I filed a NOD with Denova on the PTSD they denied in 07... and it was was overturned in the Denova review. I have also forced answers out of them on iris questions when they really did not want to answer. The Regional Office and the review board have firmly convinced me they have the upper hand on well claims grounded or not if they wanta play got ya....and can do what they want and we have no recourse other than the BVA and that's not a good one. I know my case is solid and they do to.... that's why they continually try to confuse and separate the facts of me being lowballed on PTSD and also in the secondary conditions they denied.... and if given due process I would win.....but It appears, at least at this time my only recourse is the BVA and that is not a good choice with the back log. I have at this time a reconsideration request in for an increase in percentage and TDUI since I haven't worked since 03 and they are working hard to confuse it asking for evidence I ahve already submitted and they have acknowleded recieving in an iris. I going for an IMO soon before I reply and send all the evidence. I am also in the process of firing my one eye monkey DAV rep... who I have only talk to once in a year for a couple of minutes since he took my claim. If he were paying any attention to my claim,.. this stuff would not be happening. Thanks for all your help and support and being a caring person.

Danang_1969

[Berta]

I just remembered you filed a Reconsideration request- WAY to go here!

Last time I checked with 800# for my claims status-they said it was still with the DRO- and I said to the rep(I have known him for 20 years via 800)

well at least it isnt in the PAP yet- and added The paper airplane stack- he laughed and said we dont do that- but added (since I rattled off why I am on remand) 'we do sometimes make mistakes'-

(tell me about it)

what gets me is the mistakes that might never get caught-