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Va Turned Down Claim

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68mustang

Question

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

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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.

thanks..i'll be on top with an appeal or nod the second i get word.

Edited by simple fly
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ok if you send in nod while claim is being processed saying if denied i

want to file nod if denied would thet hold up?

you know a pre-nod so to speak!

Edited by skunk
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No, Skunk, you'd just confuse the already confused.

i am sending my pre-nod in saying any deemed denied claims i have filed for

are nodded as of now . i am not going to let the bas----s

screw me on a technicality

Edited by skunk
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  • HadIt.com Elder
i am sending my pre-nod in saying any deemed denied claims i have filed for

are nodded as of now . i am not going to let the bas----s

screw me on a technicality

NOOOOOO!!!!!!!!

had to get your attention. This is a really bad idea. First, it will stop any progress on your claim because they will have to track your c-file down to add your "statement in support of claim" to it (and that is exactly what it will be considered). Second, like Larry said, it will only confuse them (which is why it will be viewed as a statement in support of claim). Lastly, it will serve no purpose. You cannot disagree with a decision that has yet to be made. You have to be very, very specific with a NOD, unless you just want another cut and paste denial letter.

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NOOOOOO!!!!!!!!

had to get your attention. This is a really bad idea. First, it will stop any progress on your claim because they will have to track your c-file down to add your "statement in support of claim" to it (and that is exactly what it will be considered). Second, like Larry said, it will only confuse them (which is why it will be viewed as a statement in support of claim). Lastly, it will serve no purpose. You cannot disagree with a decision that has yet to be made. You have to be very, very specific with a NOD, unless you just want another cut and paste denial letter.

you caught me just in time i will take your advice,but i am pissed with that court

decision.

Edited by skunk
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