tinnitus Va Turned Down Claim

[68mustang]

Recently I put in a claim for hearing loss and vertigo. The VA denied the hearing loss, but has let the vertigo claim go forward. The reason the VA stated for denying the hearing loss claim was that last year I had put in a claim for hearing loss, which was denied and that I did not appeal the decision within the one year time limit. I did file a claim for tinnitus, and did not file a hearing loss claim. The tinnitus claim was approved and I received a 10% rating. The award letter states that my tinnitus claim was approved and nowhere in the letter does it state that a hearing loss claim was denied. The VA also states that in order for the hearing loss claim to continue, that I need to provide new evidence which has not been previously used.

The doctor's report that I sent in last year for the tinnitus claim stated the I had tinnitus and hearing loss due to acoustic trauma while in the military.

The doctor's report was used on the tinnitus claim, should that report be allowed to support my hearing loss claim since I had not previously file for hearing loss claim in last years original tinnitus claim?

Any input that you all might have would be appreciated. Thanks.

68mustang

[LarryJ]

The sole and only reason that the judicial system exists in this country is to interpret laws, NOT TO MAKE THE LAWS, but only to interpret the intentions of the legislature (supposedly the intentions of THE PEOPLE, but, in most instances, big business and special interests groups, but, nonetheless....).

Time, this decision by the Court of Appeals for the Federal Circuit is in open contravention of the Constitution of the United States of America and would NOT stand scrutiny of the Supreme Court, but, unfortunately, it'll be one or more of US veterans that will have to spend the remainder of his/her life in limbo while their single attorney, the only one that they could get to take their case, fights this decision in the Supreme Court of the United States, taking, on average these days, 6 years from filing to hearing date, IF and ONLY IF, the Supreme Court deems it in THEIR INTEREST to hear the case.

Being that the Court of Appeals has decided in the VA's favor, AGAIN, the GOOD recommendation that we should be giving out on this site when it comes to "should I claim more than ONE issue when I file?" is ABSOLUTELY NO!

and, again, as Pete and John and Rentaldude, et al, have repeatedly pointed out:

GET A COPY OF YOUR C-FILE, NOW, AND READ IT, AND READ IT, AND READ IT!

AND, IF YOU HAVE ANY QUESTIONS ABOUT IT, THEN ASK THEM.

AND, BE AWARE OF DATES, OR, IF NOT, YOU ARE, WELL, YOU ARE SCREWED, BY THE VERY INSTITUTION THAT WAS CREATED TO MAKE SURE YOU DIDN'T GET SCREWED!

[timetowinarace]

The sole and only reason that the judicial system exists in this country is to interpret laws, NOT TO MAKE THE LAWS, but only to interpret the intentions of the legislature (supposedly the intentions of THE PEOPLE, but, in most instances, big business and special interests groups, but, nonetheless....).

Time, this decision by the Court of Appeals for the Federal Circuit is in open contravention of the Constitution of the United States of America and would NOT stand scrutiny of the Supreme Court, but, unfortunately, it'll be one or more of US veterans that will have to spend the remainder of his/her life in limbo while their single attorney, the only one that they could get to take their case, fights this decision in the Supreme Court of the United States, taking, on average these days, 6 years from filing to hearing date, IF and ONLY IF, the Supreme Court deems it in THEIR INTEREST to hear the case.

Being that the Court of Appeals has decided in the VA's favor, AGAIN, the GOOD recommendation that we should be giving out on this site when it comes to "should I claim more than ONE issue when I file?" is ABSOLUTELY NO!

and, again, as Pete and John and Rentaldude, et al, have repeatedly pointed out:

GET A COPY OF YOUR C-FILE, NOW, AND READ IT, AND READ IT, AND READ IT!

AND, IF YOU HAVE ANY QUESTIONS ABOUT IT, THEN ASK THEM.

AND, BE AWARE OF DATES, OR, IF NOT, YOU ARE, WELL, YOU ARE SCREWED, BY THE VERY INSTITUTION THAT WAS CREATED TO MAKE SURE YOU DIDN'T GET SCREWED!

Only Congress can change this now because there was not an appeal to the supreme court.

The story from VA Watchdog here: http://www.vawatchdog.org/nfDEC06/nf122406-4.htm

However, I agree with john999 that 68mustang should have gotten a VCAA letter if there was an infered claim so he could supply evidence in support of the claim. This would be his avenue to pursue. I don't see how the VA could infer and deny a claim without the veteran knowing there ever was a claim. That said, we know the VA is not above such tactics.

There is the chance that the RO is mistaken and there never was a claim, infered or otherwise, for hearing loss. It seems a good chance as the RO is not known for following the law and opening infered claims when they should. They did not open a claim for TBI in my case after I was diagnosed with inservice TBI by a C&P Doc. Instead they denied my MDD claim because the MDD was "caused by a head injury in service".

[john999]

I say again that when you file multiple claims you need to get a VCAA letter that addresses all the claims. If you don't get that letter then you can almost rest assured that the claims that are not referenced in the VCAA letter are going nowhere, and may just die.

[simple fly]

i turned in a multi claim [14] at once because my poa said to do it as well as hadit members.i received a vcaa letter addressing all.but i had c and p exams for only 3. any input on this? i'm told my claims are at the rater...4 months now.

[gp747]

i have multiple claims at the ro does this mean , like if i file for an increase it is

denied and i file for arthritis it is automatically denied? i really do not under stand

this.

oh after reading it says if acts on one claim and doesnt act on others they are deemed denied,but dont they have to notify you?

Edited January 5, 2009 by skunk

[timetowinarace]

i turned in a multi claim [14] at once because my poa said to do it as well as hadit members.i received a vcaa letter addressing all.but i had c and p exams for only 3. any input on this? i'm told my claims are at the rater...4 months now.

I think multiple claims are fine for those that know these VA dirty secrets. You just need to be on top of it when you get a decision, favorable or unfavorable, on any of them so that the rest do not get swept under the rug. If any claim is not mentioned in an award or denial letter, send in a quick NOD for them.