ptsd File A New Claim?

[combatmedic2004]

I was diagnosed with Tinnitus by the VA at an appointment this morning. I am a combat vet already service-connected for PTSD at 50%. I am wondering if it is even worth my time to file a claim for the Tinnitus. I have a few questions.

1. I went through hell with my 3 PTSD C&P exams, is it worth going through it again just to be called a liar? How will I benefit from this?

2. Does anyone know if they require a C&P exam for Tinnitus and if so, what does it consist of?

3. If service-connected, will my rating be increased to 60%?

I'm just weighing all options. I know that "it couldnt hurt." I just went through hell with C&P exams the first 3 times. I'm not sure I want to go through with all of that again.

Thanks

[rentalguy1]

Your right- but I might add that has been your experience- others may have a very different one.

others can have the same if they employ the same tactics. If the VA strays from the law we have to call them on it, or the funny business will continue. Then we end up with another shredder gate and the veteran is holding the bag. If we sit back and do nothing when we know the VA is in the wrong, then we ALL lose.

[poolguy11550]

others can have the same if they employ the same tactics. If the VA strays from the law we have to call them on it, or the funny business will continue. Then we end up with another shredder gate and the veteran is holding the bag. If we sit back and do nothing when we know the VA is in the wrong, then we ALL lose.

I work for the VA and I am also a veteran- during my own claims I've "called them" on every one of their errors and I have about a 50% success rate in countering the "funny business". Otherwise "calling them" falls on deaf ears- then what? Do you still go to the C&P exam that you know is wrong? Bringing shredder gate into this is really reaching. Knowing how to counter the maze is the ultimate game plan for success.

[broncovet]

Rentalguy..I agree with most or all of what you say. However, "calling the VA on their mistakes" has not worked with me. I called them..and they hung up on me, if you know what I mean. The "VA" is actually Heinz 57 varieties of Regional Offices, with 57 different managers, and different training, and different results! Of course, what works in One Regional Office SHOULD work in another, but, in my case it has not worked that way. I cant even get the Cleveland VARO to EVEN ACKNOWLEDGE my NOD filed in 2004. Of course, they broke the rules doing so..but The Cleveland RO doesnt give a rip what the rules are because they interpret the rules in any way the see fit, as they know many Vets wont appeal, others who do appeal, dont know the regs. Even those who do know the regs, and appeal..it takes years for the appeal to ever happen, and there is simply no risk to them at all for the VARO to simply deny every claim. They can cut and paste the denial letter, then go on coffee break for two hours. Even if they do get caught, there is no accountability, and no discipline for them.

Cleveland Regional Office has "interpreted" the "favor the Veteran rule" to mean "forget the Veteran". I was awarded a "complete grant of benefit sought" by the BVA in 2004, and they have interepreted "complete" to mean zero percent. And I called em on it, and NOD'd them. So what do they do? They decided to "interpret" my NOD as a claim for benefits, and blow it off. Sure..that is against the rules, but so far they have jockeyed me around for 4 years, and I havent so much as been able to START with the appeal yet...much less finish it. I really would like to know what you think about this mess.

Edited January 3, 2009 by broncovet

[Tbird]

poolguy i think we really must focus on the law, what the law and regs say is what we should be telling veterans not what the va may actually do, the advice we give should be from the law and the regs, that way the veteran always has the law on his/her side. so please when giving advice use the law and the regs.

I like you rentalguy. You highlight very well what the VA must do by law and administrative regulations- while I tend to focus on what the VA actually may do- which I might add the VA is not altogether collectively good at doing. The R/O should not reopen this claim- you know that the same I, but can we count on the R/Os to follow laws/regs? Both us could fail to project what the VA will really do in this case. To the poster, be prepared for anything.

[rentalguy1]

If you do not get anywhere by letting them know that they are not following their own laws and regulations, then you HAVE to go to either the OIG, or your congressman, or both. If we let them get away with this funny business then it harms ALL OF US.

Poolguy, it's not a stretch at all to bring up shreddergate in this discussion. That was the product of RO's being allowed to break the law, and we veterans were the ones that allowed it. We veterans are also the ones that stopped it. Your mentaliy is exactly what is wrong with the VA, and why most veterans feel powerless to fight back.

[poolguy11550]

If you do not get anywhere by letting them know that they are not following their own laws and regulations, then you HAVE to go to either the OIG, or your congressman, or both. If we let them get away with this funny business then it harms ALL OF US.

Poolguy, it's not a stretch at all to bring up shreddergate in this discussion. That was the product of RO's being allowed to break the law, and we veterans were the ones that allowed it. We veterans are also the ones that stopped it. Your mentaliy is exactly what is wrong with the VA, and why most veterans feel powerless to fight back.

My writings in this post are in specific reference to the posters question. I merely stated that maybe the R/O would run him though anther set of C&P exams for existing S/C conditions in processing his/her new claim. That has been my experience as an 16 year employee of the VBA. Rentalguy took serious issue with that and counters my opinion. Rentalguy cites law and I cite common practice (also within the law) used by the R/Os. Rentguy agreed that we are both right- I agree too. However, just focusing upon this single situation as described by the person whom started this post- I feel my advice is good, expect it and be prepared for the additional C&P that MAY come. If you have a legitimate claim file regardless because you will win.

Rentalguy- With the expection of the citation of your last post here, I respect your advice and opinions- but taking the focus else where outside of the original question posted has skewed this post.

Edited January 3, 2009 by poolguy11550