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Please I Need Help, Questions


krbkwb02

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Hello all, first time poster, former looker from the outside, now registered

Ok here it goes...short as possible, I have 20%, 10%for tinnutis and 10%PFPS of Right knee. I was originally denied for hearing loss, tension headaches. In August of 05 I requested my case be reopened because of hearing loss: when I was intially seen for the hearing loss in 00 I had a PE tube in my ear and the va found that my hearing loss was within normal limits, since then the Pe tube has come out, and I can barely hear on one side. Also since the onset of my knee injury I have had moderate depression, though I was not treated while in the service, I was within one year treated by a family physician upon seperation. Just yesterday I went to my intial C&p Mental Health Clinic exam. The Psychologist diagonsed me as Depression Disorder. NOS, he went on to say that it is as likely to as it is not to be connected to my current ratings. QUESTION #1 -does this mean that it is, or is it not, I was under the impression that a decision llike this was to be in favor of the veteran. I still have the C&P scheduled parts for Audiology and ENT next month. QUESTION #2 once those are complete in January, how long approximately would I hear a final decision? THANKS All for any help you can give me!

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  • HadIt.com Elder

Your depression should be service connected but that does not mean the VARO will grant it without a fight.

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  • HadIt.com Elder
Hello all, first time poster, former looker from the outside, now registered

Ok here it goes...short as possible, I have 20%, 10%for tinnutis and 10%PFPS of Right knee. I was originally denied for hearing loss, tension headaches. In August of 05 I requested my case be reopened because of hearing loss: when I was intially seen for the hearing loss in 00 I had a PE tube in my ear and the va found that my hearing loss was within normal limits, since then the Pe tube has come out, and I can barely hear on one side. Also since the onset of my knee injury I have had moderate depression, though I was not treated while in the service, I was within one year treated by a family physician upon seperation. Just yesterday I went to my intial C&p Mental Health Clinic exam. The Psychologist diagonsed me as Depression Disorder. NOS, he went on to say that it is as likely to as it is not to be connected to my current ratings. QUESTION #1 -does this mean that it is, or is it not, I was under the impression that a decision llike this was to be in favor of the veteran. I still have the C&P scheduled parts for Audiology and ENT next month. QUESTION #2 once those are complete in January, how long approximately would I hear a final decision? THANKS All for any help you can give me!

If you haven't done so already, you will need to file a formal Claim for Depression, secondary to service-connected medical condition(s).

The "as likely as not" standard is all that is required to grant SC.

See here:

38 USC § 1118 (b)(3): “The credible evidence for the association is equal to or outweighs the credible evidence against the association.” The standard is not the criminal standard of “proof beyond a reasonable doubt” or the civil litigation standard of “preponderance of the evidence.” The “as likely as not” standard mandated under PL 105-277 is the remedial intent of the law passed by Congress in 1998.

Edited by Wings
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wings

I guess I already did that back in August when I filed the wriiten request for my case to be reopened with statements and evidence to support my new claims, is that correct? The statement I gave them was a letter explaining each individual issue, and any evidence I had to support it. Thank you, so very much for your reply, I can use all the help I can get! kb

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On to the next issue-hearing.....when I intially seperated and filed my claim, I was denied the hearing loss because the va said it was within normal limits as far as they were concerned. Upon the exam I had a PE tube in my ear, naturally it was somewhat better, but not like it was. Since then (2000) the PE tube has come out, and I can hardly hear anything at all on the one side. Upon seperation I had a job offered to me with a reputable police agency(big city), but failed the hearing exam, I have the letter. In June of 05 I went for treatment at the audiology department, and they noted significant hearing loss in that ear. They wanted to put another temp fix in place th PE tube, I told them that I wasnt crazy about temp fixes, and thought it was not right that I have significant hearing loss, and the va wants to continue for the rest of my life to keep getting this temp fix. August 05 I file statement requesting my claim be reopened due to new issues that I believe are secondary to my sc injuries, with evidence of course. November 2005 I quit my job as a correctional officer because I can no longer physically stand for long periods of time, in addition to the danger of not being able to hear on the one side makes things very dangerous for me and fellow staff. I have had part of my c&p exam and go for the rest of it in January 06 (audiology, etc.). The question is due to these job problems is there anything else I need to do for all of this? I am now only working pt.

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Is there anything in ANY exam civilian,military or VA that would suggest Meniere's Syndrom? This is a rateable condition under CFR 38. Up to 30% in worse cases. I would certainly see if there was anything that indicated that. The VA is natorious for under-rating hearing loss, so I was not really suprised with the problem you face. I am sorry, but the rating tables mean you pretty much have to be deaf to get any real compensation.

However, you may want to revisit the Tinnitus claim. Under the new change you can be rated 20% for bilateral tinnitus. That is, if you have ringing in BOTH ears, then you receive a rating for both. Perhaps somewhere you have compained about BOTH ears, and this under the new change is enough to request a reexaminati0on of the claim. You can also reopen the claim with just the statement that you are now experiencing ringing in both ears, if that is the case.

Meniere's Syndrom causes the side effects you seem to be suffering from. You might want to visit a private audiologist, or physician and have them specifically test for this condition. Then, if it does exsist you can open a NEW claim, for it also filing for the secondary effects of the syndrom etc. The dizzyness and other symptoms could be reason for individual unemployability depending upon your situation etc.

Check your records and get back, OK?

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"Under the new change you can be rated 20% for bilateral tinnitus. "

Bilateral tinnitus is under a Stay proceeding-

a veteran should not hesitate to file a bilateral tinnitus claim but

http://www.dav.org/veterans/Tinnitus_Websi...mmary.html=this explains what pending claims have been affected by Smith V Nickolson.

Claims for bilateral tinnitus after the date in the above link- are under the Moratorium- on this type of claim- unless you have updated information-please share it with us- Berta

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