tinnitus Va Claims Reserarch

[Buckwheat]

I used Amvets in 94 and they didn't do the 1-9 so it died(Hep, tinnitus and PCT). Refiled in Feb 07 for same. Got the tinnitus bone(10%) in june 07 back to 94. VA lost the hep and denied the PCT as I had no "current" PCT Dx. But this time I submitted old TDY orders showing duty in RVN/Laos. They finally gave me the 100% on the hep(June 08) and still ignored the PCT. I finally got their attention by asking permission to go to CAVC for Writ of Mandamus if they weren't gonna send me a SSOC. They "reopened" claim and set me up for QTC. I started getting really ill( like I wasn't already) and amended the PCT claim to add P&T. They gave me the PCT@10% and ignored the P&T. They said they have scheduled me already for a P&T-get this-June 1, 2010. I don't see anything on your Vet help info on 38CFR 3.156© (3) and (4). I asked them to go back to 94 for the effective date because of the new milrec. evidence (TDY orders). It's in the form of a DRO de novo request as of July 08. Now, all the issues are in DRO but utter silence. Does this have to go back to DC Central Office? We're talking $250-300 K here. I have the medrecs to support 40% for blood phlebotomies(DC7704) 2nd to 30% for DC7815(PCT) and the 10% for tinnitis. The Hep(Old DC7345) is gonna be lay testimony supported by SSI records of impacted wages and the effects of PCT-maybe 20-40%. Think their adding machine broke when they pulled the handle on this or will I see it on the other side in wish wampum? I just got the bad news- interferon gave me Autoimmune hepatitis and my Crohn's disease is in relapse. What's the trick to speeding this up? I am so broke the 100% comp and SSD doesn't even begin to cover old debt. Are they waiting for the buzzards to finish me so they don't have to pay? My VA doc says I'm not a candidate for txplant (autoimmune hep will eat the new liver) Yellow in Seattle

[Berta]

I see your point on the EED but can you satisfy this criteria for the DRO de novo?

I would explain it to the DRO like they are 10 years old,refer them to the evidence that supports the point, and then attach this reg as well.

"(q) New and material evidence (§3.156) other than service department records —(1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(B)(1) of this chapter

Title 38: Pensions, Bonuses, and Veterans' Relief

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PART 3—ADJUDICATION

________________________________________

Section Contents

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

From 3.400 (q) 2006

AND

§ 3.156 New and material evidence.

top

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(B) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(B)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))Cross References:

Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457,"

Edited November 15, 2008 by Pete53

[Pete53]

Berta:

I turned off the smiley faces that come out with "B:)"

Buckwheat:

Welcome to Hadit. You can ask them to expedite you claim. As far as Creditors go hang up on them when they call and hang in there many have had to wait a long time

Good Luck

[Buckwheat]

Thank you for your info Berta. I still am unsure from your post what the answer is as to whether it goes back to DC Central Office for some long and convoluted decision making process over the $ or simply sits on the DRO desk until June,2010. All my ratings decisions over the years(tinnitus,left ear and now hep) always said "Vietnam Era Veteran". The latest Oct. rating for PCT(2nd to hep, not AO) says"Veteran of the Vietnam War." I suspect they must now have more SMRs than just the TDY records I submitted in Feb. 07.They have never acknowledged receipt of the TDY orders(my proof of boots on ground for 3.309(e)) in the Evidence section of the latest ratings so I submitted it again with the NOD. I sent them my shot records(yellow book) showing imunizations @ U.S. Embassy in Vientienne, Laos on 17 Sep. 70 as well. Other than a TWX from PACAFHQ asking for French -speaking volunteers, I have no evidence of my assignment upcountry(Det. 1, 56 SOW). I did ask for financial hardship on 2 Sept. but that, too, was ignored. If NPRC doesn't have these milrecs, where are they, or better yet, where have they been for 38 years? I know everyone has to get in line @ VA. I started in 89 and am no stranger to the process.The only difference this time is that I decided to go it alone without a VSO. I submitted a complete NOD that covered 3.156(a) thru (4). I can back up that which I claim medically on the PCT= Hep since 1992. I have records from a civilian hospital(Operating Location Charlie-1980 Comm. Sq.(T-55)(AFCS) showing 6 weeks inpatient care for "hep"(no distinction as to A or B). Realistically, how long can the DRO sit on this w/o adjudication? Can they really make me wait until June 1, 2010 for an examination for P&T? It just doesn't make sense or else I am incredibly dense. What ever happened to VA's policy of "6 months"? It was 16 for the hep and 20 to wring the PCT out of them. 21 more months to Jun., 2010 seems absurd. Should I claim 20.900© for the hardship again? I know they are swamped with SWA claims but...