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Help Please


carlie

Question

Vet files original claim for SC on 7-31-1978 while in-patient at VA hosp.

( 1 issue request for SC disab. comp. on claim is chronic otitis media,

( 1 issue request for SC disab. comp. for hearing loss.

( More issues but not necessary for this now )

Vet has 1st C&P on 10-5-1978

At 1st C&P ever, four months from RAD , doc says,

1) chronic otitis media shown in service by dates of ________, ____________, and ________, all treated with antibiotics .

at this examination no current signs of otitis.

2 ) hearing loss shown in service and noted on discharge physical.

at this examination, all 4 tuning forks heard bilaterally.

TINNITUS ALLEDGED.

( More stuff about additional issues but not necessary right now ).

VARO Decision: Nov. 15,1978

" Your disabilitiy compensation claim has been carefully considered. To establish entitlement to this benefit, the evidence must show:

(a) that you have a disability incurred or aggravated in service, in line of duty;

and (B) must be 10 percent or more disabling.

The evidence, including your recently completed Veterans Administration examination, does not entitle you to service connection for the following disabilities: hearing loss, otitis media, lumps on neck, back and neck condition, headaches and dizziness, and residuals of concussion.

Although records show you were treated for these disabilities during your military service, these disabilities were not found on the last examination. If any of these disabilities recur, you may submit medical evidence to show the recurrence.

It is regrettable a more favorable response is not possible.

Sincerely yours,

M.R. Woodall

Adjudication Officer "

NOW THE QUESTION:

Up there where the C&P doc put TINNITUS ALLEDGED, would that qualify for EED ? Would that Qualify as an Informal

Claim ? Since it was NOT addressed in the decision as all other issues were listed as claimed THEN, would that qualify

as an un-adjudicated claim for EED ?

FYI : WAY DOWN THE ROAD:

Hearing loss granted as SC - direct - 0 %.

Chronic Suppurative Otitis Media granted as SC - direct - 10 %.

Headaches granted SC - direct - 10 %.

Seizures granted SC - direct - 40 % - EED, day following separation.

Bursitis granted SC - direct - 0 %.

TINNITUS GRANTED SECONDARY TO OTITIS - 10 %.

Thanks so much for your time and advise. Be safe.

carlie

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  • HadIt.com Elder

Carlie,

The simple answer is YES and YES.

However, you've been fighting the idiots long enough to know that with the VA, trying to get benefit money is never simple.

Good luck!

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Many people take my tenacious characteristics as a negative.

Actually, sometime it's about all that holds me together.

Thanks for your comment and I'm going after the green to include

a higher rating.

carlie

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If someone has a problem with you

THEY have a problem!

Good luck and drive on, Carlie!

Gary

70% MDD/PTSD

50% hearing loss

10% tinnitus

10% l knee injury

10% l knee degenerative osteoarthritis

90% total, and Carlie helped with advice and encouragement! Thanks again!

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  • HadIt.com Elder

Gary

Hope all is well with you & the PO.

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  • HadIt.com Elder

Carlie

Tenacity is the difference between winning a VA claim and losing. If you are not a pitbull you may lose even with good evidence.

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Carlie,

A few words of encourgement. You remind me of my wife. When people start b*ctching about you and your style, you know you are effective. If you were a man you would have a set. As a person you are to be respected, as a woman with your attitude you are admirable. Keep it up lady and keep on pushing them.

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Carlie- you remind me of ME!

And these guys are right-

Tenacity and evidence is often the only way to do it-Just like John said-

One of my vet friends used to watch me herd in the sheep at night and he always said the VA is depending on vets to act like sheep-give them a few grains of corn and they will be docile and happy-and never question anything-

Then again he never met my ram-Rambo-

They dont have to like us at the VA-just respect our claims and consider our evidence-and do their jobs.

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WOW Ms. Berta,

I will gladly accept that HUGE COMPLIMENT with humble pride.

carlie

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