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

[poolguy11550]

It will not spark a review of your PTSD. The only time it does that is when you are "due or overdue" for a re-examination. Every time you get a rating, the rater has to assign a length of time till your next evaluation. These are pre-determined amounts of time. I can't remember the specific lengths of time, but something like 18 months, 3 years, etc. Of course with the VA being the slowest creature in the government, they often forget to do these re-exams. So if you were supposed to have a re-exam in 2007 but they slipped on it, and you file a new claim in 2009, they are going to notice that you are overdue for a re-exam and schedule it. It still gives people the "big bad wolf" mentality, but that's nt what it is at all. Go ahead and file the claim when you have all your evidence lined up.

Edit: missed a question. All you need to do is write "I would like to file a claim for service connected compensation for tinnitus." on a VA Form 21-4138 and send it via certified mail, return receipt requested to the RO. A PDF version of the form is available at the VA's web site. It is a fillable version, so you don't even have to hand write it. Just type in the information and hit print.

Often, the R/Os do indeed give a C&P exam for all S/C conditions when you file a new claim and a C&P exam is ordered for the new condition. Is it suppose to be like that? There really is no set time frame for a new evaluation- that is a pure myth. I would say its rather more or less when you show up on the VBA radar again that they take a new look at your S/C conditions. I personally reviewed cases were person had three C&P exams in a three year period for there prior S/C issues simply because they kept filing new claims. The pre-development team should not do that but often they do. I would note that the rating almost always stays the same and is left unchagned.

[bob_abad]

Follow rentalguy1's suggestion by filing up the SOC form(21-4138). If you live close to your VARO, I highly recommend you hand deliver it to the VA VSR, and have them make you a copy w/ date and time stamped. It is safer, less delay, and a lot faster to get your claim going.

I also recommend to attach(stapled) a short claimant letter like this sample below:

==========================================================================

To the VA examiner,

I have this hearing issue for many years now, and I believe it is service-connected Bilateral Tinnitus.

My symptoms are:

> Ringing in both my ears during daytime hours, in the outdoors, in the office or resting period.

> Non-stop high pitched 'hissing or cricket' sound especially at home during quiet moments, low background noise, or while driving.

> Sometimes I tend to be awaken at nights for strange noise whether it is real or a dream.

I trust that upon your review of this Re-evaluation of Service Connected Disability rating decision, you will consider my request for additional compensation.

Please let me know the next step of this process. I am hoping to hear from the VA office very soon.

Thank you very much.

==========================================================================

Good luck!

[rentalguy1]

Often, the R/Os do indeed give a C&P exam for all S/C conditions when you file a new claim and a C&P exam is ordered for the new condition. Is it suppose to be like that? There really is no set time frame for a new evaluation- that is a pure myth. I would say its rather more or less when you show up on the VBA radar again that they take a new look at your S/C conditions. I personally reviewed cases were person had three C&P exams in a three year period for there prior S/C issues simply because they kept filing new claims. The pre-development team should not do that but often they do. I would note that the rating almost always stays the same and is left unchagned.

We're both right on this one.

§3.327 Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs ( and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated. (Authority: 38 U.S.C. 501(a))

(;) Compensation cases:

(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

This vet has nothing to worry about in this instance.

[poolguy11550]

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]

Here's my end of the story. If you know the regs, and they try to pull some funny stuff that is against the regs, then you call them on it, and shut them down. They tried to doctor shop on me last year, and I shut them down in 48 hours, by sending an IRIS that quoted the applicable regs and precedent case law. They called me within an hour, and within two days cancelled the unnessary C&P exams. It really is that simple. Remember, knowledge is power, and we have to have more of it than they do, so we can shove it down their throat when the situation calls for it.

[poolguy11550]

Here's my end of the story. If you know the regs, and they try to pull some funny stuff that is against the regs, then you call them on it, and shut them down. They tried to doctor shop on me last year, and I shut them down in 48 hours, by sending an IRIS that quoted the applicable regs and precedent case law. They called me within an hour, and within two days cancelled the unnessary C&P exams. It really is that simple. Remember, knowledge is power, and we have to have more of it than they do, so we can shove it down their throat when the situation calls for it.

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