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Riverrat 1947

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Ahoy the group,

A nam riverrat here. Just found and joined the group. I am hoping to find out about applying for VA benefits for hearing loss. I was a gunner on both and ATC and Monitor in RIVDIV 15 Squadron 152. I had an independant hearing test done and am rated at 80% loss. This is tough as I teach middle school.

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Welcome to the group,

I know after getting home from Vietnam I was at a shopping center where there was a mobile hearing test trailer. I took the test and found out I had major hearing loss in my right ear. Probably from the M-60 machine gun I fired in combat. I remember the hearing tech saying that I would have had to tell the army before I got discharged, it was too late.

It seems now we know it is never too late, press on and file that claim. Get a service officer from the DAV , American Legion, etc. to help you.

Peace,

Cuchi

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I have been told to have my primary doc file the claim. The M-60 was one of the smaller guns on the boats. I had a 50 in front and behind, (they were mine) and I could touch the turrets of 20mm on each side. Plus the 105mm 30 ft away on the bow.

I have now been reading about the Post Tramatic Stress thing. Not sure if that one applies or not. I have not had a nightmare in a year now. I have had them with a degree of regularity since I got back in '69. There are other things too.

I can print out for them; the unit history, show my DD214, the audiologists report. What else would I need?

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Welcome to Hadit. For the most part if you have a hearing loss the VA is fairly lenient about connecting for guys who pulled your duty.

Good Luck

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Riverrat,

Welcome !

Your doc can not file a claim for you, either you or a vet org you appoint

must do it. If you have never filed a claim for VA Comp/Pension then

you will need to fill out a form 21-526.

Feel free to post questions in our Claims/Research section.

Hope this helps a vet.

carlie

Edited by carlie
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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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